Hoarding disorder, therapeutic jurisprudence and residential tenancy law: A complex relationship and opportunities for reform

Area of Science:

• Mental Health Law
• Public Health
• Housing Law

Background:

• Hoarding disorder is a chronic mental illness impacting housing stability for renters.
• Existing residential tenancy laws may conflict with treatment needs, negatively affecting well-being and recovery.
• Therapeutic jurisprudence offers a framework to assess biopsychosocial outcomes of legal measures.

Purpose of the Study:

• Examine Victorian residential tenancy laws' impact on tenure security for renters with hoarding disorder.
• Assess how these laws hinder health and well-being promotion for affected renters.
• Evaluate alignment with therapeutic jurisprudence principles.

Main Methods:

• Rapid review of international academic and grey literature.
• Analysis of Victorian case-law and the Residential Tenancies Act 1997 (Vic).
• Application of a therapeutic jurisprudence framework.

Main Results:

• Victorian legal framework inadequately aligns with therapeutic jurisprudence.
• Laws employ impersonal, task-centered approaches to hoarding issues in rentals.
• Renters with hoarding disorder face increased risks of distress, homelessness, and reduced support engagement.

Conclusions:

• Legislative reform is needed to better support renters with hoarding disorder.
• Recommendations include sector coordination, capacity building, and prioritizing lived experience.
• Future research should focus on data collection to inform evidence-based reform in the rental sector.