The Crime and Policing Act 2026 is now law, writes Shirley Faragher, partner at Forbes Solicitors, so how can social landlords prepare?
Registered Social Housing Providers (RSHPs) of social housing have long been expected to keep communities safe from anti-social behaviour (ASB). With their enforcement toolkit historically limited to injunctions and possession this has not always been easy.
When the relevant sections of the Crime and Policing Act 2026 (the Act) come into force, hopefully later this year, RPs will be given additional powers to tackle ASB in the form of Respect Orders and the ability to obtain closure orders at their own properties.
This will be in addition to the continuation of the existing Youth Injunctions and injunctions against adults, the latter being rebranded as ‘Housing Injunctions’.
Although more powers in the housing space mean more options to protect victims, they also bring greater scrutiny and additional challenges. Organisations need to not only understand their new powers but also prepare for how to effectively use them.
Respect Orders: How do they differ from injunctions?
The introduction of the Respect Order is the headline reform of the Act.
Like injunctions, Respect Orders can be sought in the High Court or County Court against adult offenders, the burden of proof is ‘balance of probabilities’ and RPs can only apply when the ASB directly or indirectly relates to their housing management functions.
As with injunctions, in circumstances where urgent protection is required for victims, applications can be made without notice. With Respect Orders, RSHPs must demonstrate the perpetrator has caused harassment, alarm or distress and that it is ‘just and convenient’ for an order to be made.
As with injunctions, Respect Orders can include prohibitions and positive requirements. An example of a positive requirement may include provision for the perpetrator to engage in treatment designed to address addictions or other underlying causes of the ASB.
Perhaps the most significant difference between the two types of order is what happens after breach. Enforcement of injunctions can be difficult and expensive with some offenders, particularly those with substance abuse issues, repeatedly breaching.
This is hardly surprising given the limited sentencing powers available in the civil jurisdiction. There have been numerous examples of perpetrators receiving custodial sentences, only to re-offend following release because the causes of their ASB haven’t been addressed.
In cases of this nature Respect Orders are likely to be preferable given that breach is a criminal offence with greater sentencing powers available to the criminal court, some of which could be used to tackle underlying issues such as substance abuse. It is hoped this would eventually secure compliance and prevent further ASB for the benefit of the victim and perpetrator.
Notably, if an RSHP applies for a housing injunction, the court has the power to make a Respect Order instead, and vice versa. Organisations need to be prepared to make the case for whichever route is the most appropriate.
Arguably the wider sentencing powers available in the criminal court will be a significant factor, although in some cases RSHPs may prefer an injunction to retain control of enforcement and to avoid criminalising perpetrators.
Closure Orders for RSHPs
When relevant sections of the Act come into force, the existing closure provisions contained in the Anti-social Behaviour Crime and Policing Act 2014, currently only available to the Police and local authorities, will be extended to RSHPs.
This matters because RSHPs are often the first to know when a property becomes the source of serious nuisance or exploitation. Direct access to this tool prevents RSHPs having to wait for another agency to take the lead affording faster and more effective respite for victims.
RSHPs must firstly serve a Closure Notice which prohibits access to all but the owner and occupier. This will be followed within 48 hours (soon likely to be extended to 72 hours) by an application to the Magistrates Court for a Closure Order.
Closure Orders are initially made for three months and can be extended to a maximum of six months. The Court can grant a full closure order excluding everyone from the premises, including the tenant, or a partial closure order, whereby all but specific individuals such as tenants or contractors are excluded.
Partial Closure Orders are common in cases involving ‘cuckooing’ where criminals have taken over a vulnerable tenant’s home for the purposes of drug supply, sexual exploitation, or weapons offences. The advantage of a partial closure order in these circumstances is that the vulnerable tenant retains their home whilst organised crime is disrupted.
The Act introduces a new standalone criminal offence of cuckooing, carrying a penalty of up to five years’ imprisonment. For the first time, this shifts the emphasis from securing a property to holding the perpetrators accountable through prosecution, which can also run alongside closure action rather than replacing it.
How can RSHPs prepare for the new powers?
To enable RSHPs to take full advantage of the new tools once implemented, we recommend the following steps are taken imminently:
- Contact the manager at your local Magistrates Court and develop links. Find out what the process will be should you need to apply for a Closure Order
- Review and amend your existing ASB Policy and Procedure to include the additional powers. Within this process, clarify who will be authorised to make decisions and sign notices. In the case of Respect Orders, who will prepare the risk assessment and take responsibility for informing other relevant agencies?
- Review existing staffing levels and consider whether recruitment is necessary. Implement training for staff around the legal tests, your policy and your internal processes
- Review budgets – does your existing ASB Budget need to be increased?
- Improve links with the police and local authorities in areas where your housing stock is located. This will help when it comes to consultation. Given that anyone breaching a Respect Order, Closure Notice or Closure Order will be committing a criminal offence, better links with the police will also assist with enforcement. Ensure you provide the police with copies of the orders and that victims know how to report breaches
- Ensure all relevant agencies have signed Data Sharing Agreements to avoid delays in evidence gathering when ASB arises
- Consider vulnerabilities, disabilities and proportionality and document the justification for key decisions before legal action is taken. Staff should be encouraged to record evidence, contact with agencies, contact with victims and contact with perpetrators as this will be needed in support of any court application
The act finally gives RSHPs a more prominent role in tackling behaviour that threatens the safety of their communities. If used correctly, these new tools offer faster intervention, longer-lasting outcomes, and less reliance on external agencies to drive action.
RSHPs need to strike the right balance between acting decisively, maintaining fairness, and safeguarding the vulnerable. Organisations who adapt will be well placed to make full use of the framework once operational.
Those who don’t risk delays, loss of confidence among victims, complaints and adverse publicity.
Main image: Shirley Faragher is partner, housing and regeneration at Forbes Solicitors
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