Closure Orders: New Powers for Housing Providers

What is a Closure Notice or Order?

A Closure Notice is a notice prohibiting access to premises for a specified period. Following service of a Closure Notice, an application may be made to the Magistrates Court for a Closure Order, which provides a longer-term restriction on access to premises associated with serious nuisance or disorder.

A Closure Notice can be used to prohibit everyone or specified individuals from entering a property, either at all times or during specified periods, for up to 3 months. This gives RPSH greater control over who can access premises that they own or manage, which includes communal areas associated with premises such as gardens and garages. Once a Closure Notice has been served, anyone who enters the property in breach of its terms may be committing a criminal offence.

What has changed?

Historically, closure powers under Chapter 3, Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 could only be exercised by police officers of at least the rank of inspector or by local authorities. Schedule 2 of the Crime and Policing Act 2026 extends these powers to RPSH, allowing them to take direct action in relation to premises they own or manage which are associated with nuisance or disorder.

Additionally, from 26 October 2026, the period within which RPSH may apply to the Magistrates Court for a Closure Order has been extended from 48 to 72 hours following service of a Closure Notice. This extended timeframe provides greater protection for victims and the wider community by allowing Closure Notices to remain in effect for longer whilst an application for a Closure Order is pursued.

Further, RPSH may apply to extend an active Closure Order at any time before its expiry for a further period of up to three months, if it is satisfied that an extension is necessary to prevent the occurrence, recurrence, or continuation of disorderly and/or criminal behaviour at the premises, in the surrounding area, or within the wider community.

What is the process?

A Closure Notice must be served by a representative, namely a senior manager of the RPSH.

Whenever a Closure Notice is issued, the RPSH must make an application to the Magistrates Court for a Closure Order. The application for a Closure Order must be filed at the Magistrate’s Court no later than 72 hours after service of the Closure Notice.

In order to make a Closure Order, the Court must be satisfied that:

• a person has or is likely to engage in disorderly, offensive, or criminal behaviour on the premises
• that the use of the premises has or is likely to cause nuisance to members of the public
• the premises have been or are likely to be associated with disorder
• the order is necessary to prevent disorderly, offensive, or criminal behaviour from happening or continuing

If these requirements are met, a witness statement should be prepared setting out details of the behaviour associated with the premises, the impact that such behaviour is having on the community, and any supporting evidence available.

What is the Significance of this change?

The introduction of the Crime and Policing Act 2026 ensures that RPSH has the tools necessary to tackle anti-social behaviour more quickly and effectively, without relying on the police or local authority to initiate closure action on their behalf.

These powers may be particularly useful where a tenant is vulnerable or unable to prevent individuals from entering the premises and the associated nuisance, disorder, or criminality. As a result, RPSH are now better equipped to protect residents and address persistent anti-social behaviour within their communities.

How can Registered Providers of Social Housing prepare for the reforms?

In preparation for the new reforms, RPSH should review its anti-social behaviour policies and procedures to make sure they reflect the new closure powers.

Consideration should also be given to:

• updating internal enforcement policies
• identifying staff who will be authorised to exercise closure powers
• establishing processes for making urgent applications to the Magistrates Court
• ensuring effective record-keeping and evidence gathering in ASB cases

Early preparation will enable RPSH to make effective use of the new powers available to them.

It is also important to note that, in certain circumstances, a Closure Order may provide grounds for possession proceedings where a landlord subsequently wishes to seek possession of the property.

Key takeaways

• RPSH can now issue Closure Notices in relation to premises they own or manage
• The power is no longer restricted to the police and local authorities
• The period for applying for a Closure Order has increased from 48 to 72 hours
• Closure powers provide a quicker mechanism for addressing serious anti-social behaviour
• The reforms enable RPSH to take a more proactive role in protecting residents and communities

Conclusion

These reforms provide Registered Providers of Social Housing with a valuable new tool to address serious anti-social behaviour more quickly and effectively. In doing so, they have the potential to improve community safety and provide greater protection for residents affected by nuisance and disorder.

Our experts are here to help. Please contact Jordon Kellett or the Housing Management and Litigation Team, if you would like to discuss the Crime and Policing Act 2026 and making the most of the new enforcement tools available.