From 26 October 2026, important reforms to anti-social behaviour enforcement will come into force under the Crime and Policing Act 2026.
One of the biggest changes is that registered social housing providers will, for the first time, be able to issue Closure Notices and apply directly to the Magistrates’ Court for Closure Orders involving properties they own or manage.
The reforms are intended to help housing providers respond more quickly when a property is connected with serious nuisance, disorder or criminal activity.
What is a Closure Notice?
A Closure Notice is an emergency measure that can temporarily restrict access to a property.
It may be issued where there are reasonable grounds to believe that the use of the premises:
- Has caused, or is likely soon to cause, nuisance to members of the public; or
- Has caused, or is likely soon to cause, disorder close to the premises.
The notice must also be necessary to prevent the nuisance or disorder from occurring, continuing or happening again.
From 26 October, a Closure Notice may remain in force for up to 72 hours where it has been properly authorised. A registered social housing provider may only issue one for premises it owns or manages, and the notice must be signed by an appropriate senior manager.
A Closure Notice cannot prevent the property’s owner or people who normally live there from entering. However, it can restrict access by visitors or other individuals believed to be contributing to the problem.
What is a Closure Order?
A Closure Order is the second stage of the process and must be granted by the Magistrates’ Court.
The court may make an order where it is satisfied that:
- Disorderly, offensive or criminal behaviour has taken place, or is likely to take place, inside the premises;
- The use of the premises has caused, or is likely to cause, serious nuisance to the public; or
- Disorder has occurred, or is likely to occur, near the premises because of how they are being used.
The order must also be necessary to prevent the behaviour, nuisance or disorder from continuing, happening again or occurring in the first place.
Unlike a Closure Notice, a court-issued Closure Order can restrict access by anyone, including the tenant, owner or people who normally live at the property.
A Closure Order can currently last for up to three months and may be extended for a further three months, giving a maximum period of six months. Breaching a notice or order without a reasonable excuse is a criminal offence.
Who can use the new powers?
The new direct power applies specifically to registered social housing providers.
In England, this includes both profit-making and non-profit organisations registered as social housing providers. An ordinary private landlord, letting agent or property management company does not automatically receive the power simply because it owns or manages rented property.
Private landlords and agents should continue reporting serious cases to the police or local authority and working closely with them where closure action may be appropriate.
This distinction is particularly important for companies providing temporary accommodation or managing properties on behalf of councils. The contractual relationship with a council does not necessarily make the company a registered social housing provider.
Preparation will be essential
Closure powers are designed for urgent and serious cases. Housing providers considering using them will need to act quickly while still following the correct legal process.
Registered providers should review:
- Who within the organisation is authorised to approve and sign a notice;
- How evidence will be gathered and preserved;
- How victims and witnesses will be supported;
- How the police and local authority will be consulted;
- Who will prepare the court application and witness statements;
- How the premises will be secured;
- What will happen to residents, belongings, pets and vulnerable occupants; and
- Whether possession proceedings or other tenancy enforcement should also be considered.
The updated statutory guidance recommends contacting the court’s listing office before serving a notice where possible. It also stresses that the issuing organisation should consult appropriate agencies and affected people and keep a clear record of those consultations.
Protecting vulnerable residents
A property connected with criminal activity does not always mean that the tenant is responsible.
In some cases, a vulnerable resident may be experiencing cuckooing, also known as a home takeover. This happens when criminals take control of someone’s home and use it for activities such as drug dealing, storing weapons or exploiting other people.
Warning signs may include:
- Unfamiliar people regularly entering the property;
- A sudden increase in visitors at unusual hours;
- The tenant appearing frightened or withdrawn;
- Damage to doors or security systems;
- Unexplained vehicles outside the property;
- Complaints involving drug activity, violence or threats; and
- The tenant losing control of their keys, money or home.
The October 2026 statutory guidance warns organisations not to mistake victims of exploitation for perpetrators of anti-social behaviour. Safeguarding concerns should therefore be considered alongside enforcement action.
What should private landlords and letting agents do?
Although most private landlords cannot issue Closure Notices themselves, the reforms are still relevant to them.
Landlords and agents should:
- Keep accurate records of every complaint, visit and incident.
- Encourage witnesses to report criminal conduct directly to the police.
- Save photographs, CCTV, emails, messages and incident logs.
- Consider whether the tenant may be vulnerable or exploited.
- Make safeguarding referrals where necessary.
- Contact the local authority’s ASB team.
- Review the tenancy agreement and available possession grounds.
- Avoid confronting suspected offenders without police support.
- Obtain legal advice before beginning tenancy enforcement or possession proceedings.
A Closure Order may provide immediate protection, but it will not necessarily bring the tenancy to an end. Separate possession proceedings may still be required.
A stronger tool—but not a standalone solution
The new closure powers give registered social housing providers a valuable way to respond to the most serious cases without always waiting for the police or local authority to take the lead.
However, successful use of the powers will depend on good evidence, proper authorisation, consultation, safeguarding and careful preparation for court.
For private landlords and letting agents, the key message is equally important: report concerns early, keep detailed records and build strong working relationships with the police, councils and safeguarding teams.
At Let-Buy-Invest Properties Ltd, we understand how damaging persistent anti-social behaviour can be for residents, landlords and the wider community. We support property owners with practical tenancy management, incident recording and communication with the appropriate authorities.
This article provides general information only and does not constitute legal advice. Specialist advice should be obtained before serving notices, taking possession action or seeking the closure of premises.