28/09/2026
The commencement date for a number of the Crime and Policing Act 2026 (“the Act”) reforms has now been confirmed, with the release of the Crime and Policing Act 2026 (Commencement No. 3 and Saving Provisions) Regulations 2026. We summarise the main changes coming into force on 26 October 2026 below and the steps housing providers may wish to consider now.
The Crime and Policing Act 2026 received Royal Assent on 29 April 2026. Until recently, however, housing providers did not have clear certainty as to when many of its most significant anti-social behaviour reforms would take effect. That position has now changed. The latest regulations were set down on 2 September 2026 and confirm that sections 1 to 6, together with Schedules 1 to 3 of the Act, will come into force in England and Wales on 26 October 2026.
The timetable gives the sector only a short period to prepare. Changes include a revised injunction framework, longer time limits for certain ASB powers, changes to fixed penalty notices, new closure powers and a new review process for ASB complaints. Housing providers should use this period before commencement to review their existing policies and procedures, making sure they are fully prepared for the new regime.
Respect Orders
Respect Orders will be set out at Part A1 to the amended Anti-Social Behaviour, Crime and Policing Act 2014. They are available against those aged 18 or over and are designed to provide a flexible response to serious anti-social behaviour, backed by criminal consequences for a breach.
The statutory test is whether the court is satisfied, on a balance of probabilities, that the respondent has engaged in or threatened to engage in conduct which has caused, or is likely to cause, harassment, alarm or distress, and considers it just and convenient to make the order to prevent further anti-social behaviour.
A housing provider is a relevant authority and may apply in the County Court or High Court where the behaviour directly or indirectly relates to or affects its housing management functions. An order may contain prohibitions, positive requirements or both. In cases involving violence, threatened violence or a significant risk of harm, it may also exclude the respondent from their home, but only under specific strict conditions.
Applicants must complete a risk assessment before issuing proceedings. That assessment must address the risk of harassment, alarm or distress, the respondents’ vulnerabilities, any alternative measures of dealing with the behaviour and any other relevant matters. Where a positive requirement is sought, the proposed supervisor and the suitability, enforceability and practicality of the delivery of such measures will need to be evidenced.
A breach without reasonable excuse will be a criminal offence and may result in up to two years imprisonment, a fine, or both. This is a significant departure from the current civil injunction regime, where breach is enforced as contempt of court.
Practical Point for Providers: Providers should create an action plan showing why the Respect Order threshold has been met, why the proposed terms are necessary and proportionate, what alternatives have been tried or considered, and how any positive requirements will be supervised and enforced.
Youth Injunctions and Housing Injunctions
Section 2 and Schedule 1 of the Act make significant changes to the current injunction regime, most notably, the existing injunction will be divided into two distinct remedies from the 26 October.
Youth Injunctions – This injunction will apply to those aged 10 or over but under 18. Applications must be made to the youth court, an injunction may last no longer than 12 months and it may not exclude the young person from the place where they normally live.
Housing Injunctions – This injunction will apply to those aged 18 or over where the conduct is housing-related.
This distinction preserves a housing-specific remedy at a lower threshold than a Respect Order. It’s therefore important not to treat a Respect Order as an automatic replacement for every adult ASB offence. Providers will need to consider which remedy is most appropriate in each case. The Court will have some flexibility to treat an application for a housing injunction as an application for a Respect Order and vice versa, but housing associations should continue to identify and evidence the correct route from the outset.
Longer dispersal and closure time limits
Section 3(1) to (4) extends several operational time limits under the 2014 Act. These are set out below:
The maximum period of a dispersal direction increases from 48 hours to 72 hours, with a review by an inspector required as soon as reasonably practicable after 48 hours where this is exceeded;
The ordinary maximum direction of a closure notice increases from 24 hours to 48 hours;
The enhanced maximum duration of a closure notice increases from 48 hours to 72 hours; and
The maximum duration of a temporary closure notice increases from 48 hours to 72 hours.
The 26 October commencement date does not itself commence Section 3(5), which creates a power for the Secretary of State to amend the maximum duration of substantive closure orders.
Practical point for providers: This extended notice period gives teams more time to secure premises, protect affected residents and prepare the court application. The additional time should be built into closure protocols, evidence and escalation arrangements rather than treated as an informal extension.
New closure powers for registered Social Housing Providers
One of the most significant operational changes is the extension of the closure regime to registered social housing providers. A registered provider in England, or a regional social landlord in Wales, will be able to issue a closure notice directly in respect of premises in which it owns or manages and which are associated with nuisance or disorder. It may then apply for a closure order, seek an extension and authorise enforcement of any order.
Following the time limit changes, a provider may issue a closure notice for up to 48 hours. A notice exceeding 48 hours, up to the new 72 hour maximum, must be signed by an individual who forms part of the providers senior management. The statutory definition focuses on the individual’s functional role in decision making or management across a substantial part of the providers social housing activities.
This is likely to be one of the most practically significant changes for providers. Before commencement, providers should consider who may authorise notices, what evidence and safeguarding checks will be required and how an urgent application will be managed. Partnership working with the police and local authority will remain important even though providers will be able to initiate the process themselves.
Practical point for providers: Policies should distinguish between the person permitted to issue and serve a notice, the senior manager required to authorise a notice past 48 hours and the person who is authorised to make the closure order application.
A new level of ASB complaint review
The Act creates a further review process involving the local policing body. This may apply where an application for an ASB case review was rejected because the threshold was not met, or where an ASB case review has already taken place.
An applicant may request a local policing body review. The local policing body must carry out the review where it considers that the threshold for an ASB case review was met. It must publish its procedures and information about the reviews carried out.
Local policing bodies must consult relevant agencies when preparing the procedures and must consult such local social housing providers as they consider appropriate. Providers may also be required to cooperate with individual reviews. Providers should review their ASB case review procedures and ensure that decisions, reasons and multi-agency actions are recorded clearly.
Practical point for providers: Registered Providers will need to engage with this process closely and therefore should adopt procedures to co-operate as quickly and efficiently as possible. Again, this should be woven into ASB policies and communicated to all front-facing staff.
What should housing providers do now?
With commencement only weeks away, providers should use the remaining time to complete a focused readiness assessment, with priorities including:
Review ASB, injunction, closure and ASB case review policies;
Prepare a process for choosing between Respect Orders and housing injunctions;
Introduce or update risk assessment and decision making templates;
Identify the appropriate senior managers for closure notices;
Review current arrangements with the police for reporting suspected Respect Order breaches;
Consider training for housing management, enforcement, safeguarding and complaints teams; and
Audit any live cases which may continue beyond 26 October.
The reforms provide housing providers with additional options for tackling serious and persistent ASB. Early preparation will help providers decide when the new powers are appropriate, ensuring that applications and decisions are supported by clear evidence.
How we can help
Our dedicated Housing Management team can support registered providers and local authorities in managing the steps to update their internal policies and procedures in readiness for the new powers coming into force.
If you need any support or have any queries, please contact a member of the team to discuss how we can help.
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