From 26 October 2026, Registered Providers of Social Housing in England and Wales will receive new anti-social behaviour (ASB) powers under the Crime and Policing Act 2026. In a series of insights exploring these additional tools for social landlords to tackle ASB and protect affected communities, Capsticks’ Housing Management experts will cover what Registered Providers need to know to use them effectively.

This first insight in the series considers Closure Orders – which Registered Providers will have the power to apply for from 26 October. It explains what a Closure Order is, the legal tests that must be met, and some of the practical considerations when making an application.

What is a Closure Order?

A Closure Order is an order made by the Magistrates' Court that restricts access to a property for up to three months.

The order can be:

• Full, meaning nobody can enter the property, including the tenant; or
• Partial, meaning access is restricted for certain individuals while the tenant and any named occupants can remain.

A Closure Order is not limited to the dwelling itself. It can also cover communal areas and other spaces associated with the property, such as gardens, garages or bike stores.

Making a successful application

To obtain a Closure Order, an applicant must satisfy the court that:

• a person has engaged, or is likely to engage, in disorderly, offensive or criminal behaviour at the premises; or
• the use of the premises has resulted, or is likely to result, in serious nuisance to members of the public; or
• there has been, or is likely to be, disorder near the premises linked to the use of the premises; and
• making the order is necessary to prevent the behaviour, nuisance or disorder from occurring, continuing or recurring.

Once you are satisfied that the evidence meets these tests, it should be presented in a witness statement. This evidence should include first-hand accounts of the behaviour, details of its impact on others, and supporting evidence such as photographs, videos, police information or professional witness evidence where available.

Informing and consulting

Before issuing the notice, the applicant must take reasonable steps to inform the occupants that a Closure Notice is going to be served. This is often done through direct discussion or by writing to the occupier in advance.

Where the applicant is not the landlord, they must also contact the property owner.

The applicant must also ensure that any organisation or individual they consider appropriate has been consulted before the notice is issued.

The Closure Notice

Before the court can make a Closure Order, a Closure Notice must first be served by the issuing local authority or a police officer of at least the rank of Inspector (or a senior manager of a Registered Provider as of 26 October 2026) is satisfied on reasonable grounds of the two-part test that:

1. The use of the premises' has resulted or is likely to result in public nuisance, or disorder is occurring or likely near the premises; and
2. The notice is necessary to prevent the continuation, recurrence, or occurrence of such nuisance or disorder.

Once satisfied, the notice must be served between 24 and 48 hours before the hearing, including weekends and bank holidays. From 26 October 2026, this period will increase to 72 hours.

Once served, the Closure Notice temporarily restricts access to the property until the hearing takes place. The only people who may enter are those who are habitually resident at the property and anyone else specifically named in the notice.

The notice must be displayed prominently at the premises, including:

• all normal entry points;
• any outbuildings associated with the property; and
• it must also be served on the occupier, the property owner, and the landlord (if applicable).

Evidence of service should be provided to the court alongside the witness evidence and draft Closure Order.

The court hearing

At the hearing, the court will decide whether the legal test has been met and whether a Closure Order is necessary.

If an order is granted, it must be served on the premises, the occupier, the property owner and landlord, as applicable, in the same way as the Closure Notice.

After a Closure Order is made

Breaching a Closure Order is a criminal offence. Anyone who enters the property in breach of the order may face prosecution, which can result in a fine or up to three months' imprisonment.

A Closure Order can be extended once, for a further three months, giving a maximum closure period of six months.

Any application to extend the order must be made before the original order expires. The application should include fresh evidence, either demonstrating further anti-social behaviour or explaining why there remains a significant risk of the behaviour recurring if the property is reopened.

Importantly, a Closure Order does not end a tenancy or affect ownership rights. Once the order expires, the property can be occupied again and rent will continue to accrue throughout the closure period.

While a Closure Order can provide immediate relief for neighbours and the wider community, landlords should consider what longer-term action may be required to achieve a lasting resolution to the ASB.

In some cases, landlords may wish to consider possession proceedings. A Closure Order can provide access to a mandatory ground for possession in relation to both secure and assured tenancies.

Proportionality and vulnerable tenants

Closure Orders can be particularly effective in situations involving cuckooing, where a vulnerable tenant's home is being used by others for criminal or anti-social activity.

However, Closure Orders are a temporary measure. Applicants should ensure that vulnerable tenants are offered appropriate support and that the closure period is used to put longer-term solutions in place.

They may also be useful where a tenant's mental capacity fluctuates, as the order is made against the property itself rather than against an individual.

As with other ASB interventions, applicants should carefully consider their obligations under the Equality Act 2010 and the Human Rights Act 1998. Robust decision-making, supported by a well-documented Equality Impact Assessment where appropriate, will therefore remain essential.

How Capsticks Can Help

Our specialist housing and ASB lawyers in Capsticks’ industry-leading Housing Management team can help Registered Providers and social landlords prepare for these changes, including reviewing policies and procedures and advising on the suitability of Closure Orders in individual cases.

The team can also assist with preparing and presenting Closure Notice and Closure Order applications, helping organisations to use this new power effectively and proportionately. If you have any questions about what is discussed in this insight, please contact Partner Sarah Christy or Senior Associate Emily Howe.

You can also find out more about Closure Orders and other new ASB tools at our in-person seminar on the ‘Changing Landscape of ASB powers for Social Landlords’ on Wednesday 21 October in central London. Register here for more information.