In the final insight of our series exploring the additional anti-social behaviour (ASB) powers coming into effect for Social Housing Providers, Capsticks’ Housing Management experts consider Housing Injunctions, which will be available to social landlords from 26 October 2026.

This insight explains what a Housing Injunction is, the legal tests that must be met and some of the evidential considerations when making an application.

What is a Housing Injunction?

A Housing Injunction is a civil behavioural order which is intended to deal with “housing-related” anti-social behaviour before it escalates. “Housing-related” means that there must be a direct or indirect link to the housing management function of the social landlord.

The Injunction application is made in the County Courts, with the terms of the order focused on preventing further nuisance and annoyance, and can include both prohibitive terms and positive requirements.

Applicants will retain the power to:

• request that the matter is dealt with on a without notice basis, where appropriate;
• seek exclusion provisions; and
• request powers of arrest.

Where the applicant seeks a term excluding a person from their home, or a power of arrest, the court must be satisfied that the Respondent has engaged or threatened to engage in violent behaviour, or that there is a significant risk to persons other than the Respondent.

What is the difference between a Housing Injunction and a Respect Order?

Housing Injunctions are intended to focus on nuisance and annoyance behaviour, whereas Respect Orders are intended to focus on behaviour that is deemed to meet the threshold of harassment, alarm or distress, and as such, in cases where greater harm is being caused.

The key difference is how breaches are dealt with. Breaches of a Housing Injunction will remain a matter for the civil courts and will be pursued by the Claimant via the contempt of court route, whether this is started by an arrest or by making a committal application. By contrast, breach of a Respect Order is a criminal offence pursued through the criminal courts.

Judges will however have discretion when considering an application, to treat an application for a Housing Injunction as an application for a Respect Order, and vice versa.

Legal tests and risk assessments for Housing Injunctions

The legal test for a Housing Injunction is focused on nuisance and annoyance behaviour, and as such the following legal tests need to be met:

• the Respondent has engaged in, or threatens to engage in, conduct capable of causing nuisance or annoyance; and
• it is just and convenient to grant the Housing Injunction to prevent anti-social behaviour.

Social landlords will need to complete a risk assessment before any application for a Housing Injunction is made.

The risk assessment must include consideration of:

• any person who is the victim of the harassment, alarm and distress;
• the Defendant(s) and any vulnerabilities they may have;
• any alternative way the ASB could be prevented; and
• any other relevant matters.

As of October 2026, there is no prescribed form for the risk assessment, but the government has provided an example risk assessment in its ‘statutory guidance for front line professionals’.

A risk assessment must be carried out for each application, including where the application is made without notice to the Defendant(s). A copy of this risk assessment should be exhibited to the witness evidence made in support of the application.

The risk assessment should consider the Equality Act 2010 consideration along with the Public Sector Equality Act Duty. However, social landlords should carry out a separate Equality Impact Assessment to exhibit to the witness evidence, as these are different assessments requiring different considerations.

Evidence to support an application

Social landlords will need to consider the evidence available to support an application for a Housing Injunction to ensure that the necessary legal tests can be met on the balance of probabilities.

This will include a statement on behalf of the Claimant, and, usually, witness evidence from victims of the ASB, in addition to any available evidence from the police or other supporting agencies.

The evidence will need to demonstrate that the legal tests are made out and should focus on the incidents that have occurred, the impact of those incidents, and how this behaviour is “housing-related”. Strong, direct, corroborative evidence will often include photographic evidence, sound recordings and/or CCTV footage.

Whilst hearsay evidence is permitted to provide protection for those in fear or subject to intimidation, it will carry less weight than first-hand evidence in the judges’ consideration. Where applicants rely on hearsay evidence, they should explain why direct evidence is not available, and why this evidence should be regarded as reliable in the circumstances.  It is not advisable to rely upon hearsay evidence alone.

The court will only be minded to grant an injunction term prohibiting certain behaviours if the evidence supports the making of that term.

Consequences of breaching a Housing Injunction

Breaching a Housing Injunction is not a criminal offence and would need to be pursued in the County Court. However, the criminal standard of proof, ‘beyond a reasonable doubt’, applies in breach proceedings due to the potential severity of the penalties that can be imposed.

A breach would be dealt with by a civil contempt of court application, which, if found proven, is punishable by up to two years imprisonment and/or an unlimited fine.

If a Power of Arrest has been attached to the Housing Injunction, should a condition be breached to which a Power of Arrest is attached, the police can arrest the Defendant(s) without a warrant if they have a reasonable belief that the breach has occurred,and the Defendant(s) must be presented to court within 24 hours of the arrest (excluding Sundays, Christmas Day and Good Friday).

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 seeking Housing Injunctions in individual cases.

The team can also assist with preparing and presenting applications for Housing Injunctions and 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 Associate Samantha Rutter.

You can also find out more about this topic in our webinar entitled 'The Changing Landscape of ASB powers for Social Landlords under the Crime and Policing Act 2026' which will take place on Tuesday 24 November 2026. Register here.