22/10/2026
Written by Rebecca Grimshaw and Sarah Orchard.
As highlighted in our previous article, several anti-social behaviour provisions contained in the Crime and Policing Act 2026 ("the Act") will come into force on 26 October 2026. Among the most significant of these reforms is the extension of the closure regime to registered social housing providers (“RSH providers”), (which includes both registered providers in England and registered social landlords in Wales) enabling them to take closure action against premises associated with nuisance and disorder.
This article examines the new powers in more detail and considers their practical implications for social landlords.
Extension of closure powers
Regulation 4 of the Crime and Policing Act 2026 (Commencement No. 3 and Saving Provisions) Regulations 2026 (SI 2026/960) brings into force section 5 and Schedule 2 of the Act. These provisions extend the closure regime contained in Part 4 of the Anti-social Behaviour, Crime and Policing Act 2014 ("the ASBCPA") to RSH providers. From 26 October 2026, RSH providers will be able to issue closure notices in relation to premises they own or manage and, where appropriate, apply directly to the magistrates' court for a closure order.
RSH providers will also be able to apply for the extension or discharge of closure orders and authorise their enforcement.
Previously, these powers were only afforded to the police and local authorities. These changes are intended to enable RSH providers to respond more quickly and effectively to nuisance and disorder by removing their reliance on other authorities to lead the closure process.
Power to issue closure notices
Once served, a closure notice may prohibit access to the premises for up to 48 hours, or up to 72 hours where the notice was authorised by a member of the provider’s senior management. For these purposes, a senior manager is defined as someone who plays a significant role in the making of decisions about how the whole or a substantial part of the provider’s social housing activities are to be managed or organised or someone who manages or organises the whole, or a substantial part, of such activities.
Before issuing a closure notice, RSH providers must be satisfied that either:
The use of particular premises has resulted, or is likely soon to result, in nuisance to members of the public
There has been, or is likely soon to be, disorder near those premises associated with their use
The provider must also be satisfied that issuing the closure notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.
Power to apply for closure orders
Unless a closure notice is cancelled, RSH providers must apply to the magistrates’ court for a closure order, ensuring that the application is heard before the closure notice expires. Accordingly, the hearing must take place within 48 hours of the notice being issued, or within 72 hours where the notice has been authorised by a member of the provider's senior management.
A closure order, once issued by the court, may prohibit access to the premises for a specified period of up to three months. An extension may then be granted by the court, allowing the order to remain in force for a maximum of six months in total.
Unlike a closure notice, a closure order may prohibit access by all persons, including residents and owners of the property.
To obtain a closure order, RSH providers must satisfy the court that one of the following conditions is met:
That a person has engaged, or is likely to engage, in disorderly, offensive or criminal behaviour on the premises
That the use of particular premises has resulted, or is likely to result, in serious nuisance to members of the public
That there has been, or is likely to be, disorder near those premises associated with their use
For these purposes, "offensive behaviour" is defined in section 92 of the ASBCPA as behaviour by a person that causes, or is likely to cause, harassment, alarm or distress to one or more other persons not of the same household as that person.
Further, the court must be satisfied that the closure order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.
Power to extend closure orders
Before a closure order expires, RSH providers may apply for an extension, or a further extension, of an order that it has obtained.
The court may extend a closure order for up to three months, provided that the total duration of the order does not exceed six months.
Before applying for an extension, RSH providers must be satisfied on reasonable grounds that the extension is necessary to prevent any of the following from continuing, recurring or occurring:
Disorderly, offensive or criminal behaviour on the premises
Serious nuisance to members of the public resulting from the use of premises
Disorder near those premises associated with the use of those premises
RSH providers must also consult on its intention to apply for an extension before making the application.
On 22 June 2026, the Government launched a consultation on increasing the duration of closure orders from six months to twelve months. The consultation closed on 31 July 2026 and the sector is currently awaiting the Government’s response.
Practical implications for housing providers
The extension of closure powers to RSH providers will significantly enhance their ability to respond to serious anti-social behaviour. By enabling providers to seek closure notices and closure orders directly, the reforms should allow for quicker intervention in cases involving persistent nuisance, criminal activity and disorder.
However, partnership working will remain important. Prior to issuing a closure notice, RSH providers must consult any individual or organisation it considers appropriate to consult. Depending on the circumstances, this may include the police, local authorities, affected residents and other stakeholders likely to be impacted by the proposed closure.
In order to effectively exercise the new powers under the Act, providers will also need to ensure that appropriate internal governance arrangements are in place. In particular, organisations should identify those senior managers who will have authority to approve 72-hour closure notices and ensure that appropriate decision-making processes are established, and are auditable, ahead of implementation.
Finally, RSH providers should familiarise themselves with the statutory criteria and procedural requirements governing closure notices and closure orders. Training for relevant staff, together with a review of policies and procedures, will assist in ensuring that the new powers can be used effectively and lawfully once they come into force on 26 October 2026.
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. We have significant experience of securing closure orders for local authority housing providers and are well equipped to assist RPs to benefit from this new power quickly and efficiently.
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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