Respect Orders — how can housing providers address anti-social behaviour?

In 2024, police forces across England and Wales recorded over 1m incidents of anti-social behaviour (ASB) with 45% of people saying that ASB is a problem where they live. Significant spikes in ASB cases suggest that current measures are not a successful deterrent.

The Crime and Policing Bill 2025 (the Bill) is set to introduce new measures and enhanced powers to address ASB which could be useful to registered housing providers experiencing ASB in their properties. 

Here, Maya Tajuddin explores Respect Orders under the Bill and how they can be used by housing providers to maintain harmonious management functions.

The Crime and Policing Bill 2025

The Crime and Policing Bill 2025 was introduced into Parliament on 25 February 2025, with the aim of enhancing the powers available under the existing Anti-social Behaviour, Crime and Policing Act 2014. The Bill is still in its infancy but is set to introduce a number of considerable reforms and increase enforcement powers with regards to ASB offenders whilst ‘cracking down on the crime and antisocial behaviour that blights our streets’. Part of such reforms include the introduction of Respect Orders to remedy ASB.

Respect Orders

Respect Orders are new civil behavioural orders which will enable the courts to ban adult offenders from engaging in specified activities relating to ASB. The Bill provides the police, local authorities and registered housing providers with the power to make an application to the county court or High Court for a Respect Order in relation to an individual engaging in ASB. The Respect Order can include prohibitions and requirements and can be used to tackle a wide range of ASB where the behaviour is causing or is likely to cause harassment, alarm or distress. Breach of a Respect Order is expected to become a criminal offence, meaning that the police can enforce suspected breaches via arrest. 

How can Respect Orders be used in practice?

The Government’s Crime and Policing Bill Explanatory Notes (explanatory notes) provide guidance on how the Bill will work in practice. Anti-social behaviour is addressed specifically in Part 1, Chapter 1. It’s important to note that these requirements are not finalised and may be subject to change via amendments as the Bill makes its way through to Royal Assent.

If the Bill comes into force as currently drafted, a housing provider can apply for a Respect Order where the ASB concerns its housing management functions, either directly or indirectly. However, the Bill doesn’t allow housing providers to apply for a Respect Order against a tenant causing ASB in a public place such as a town centre, which has no connection with the housing providers management functions.

In order for a court to make a Respect Order, two tests must be satisfied:

1. The court must be satisfied on the balance of probabilities that the respondent has engaged in or threatens to engage in ASB.
2. That it is just and convenient to grant the Respect Order.

A point to note — interestingly, the test remains under the umbrella of the civil burden of proof rather than the criminal burden of proof (even though breach is punishable as a criminal offence). 

There is no minimum or maximum period that a Respect Order must apply for, it’s down to the court’s discretion.

How could Respect Orders benefit landlords and individuals?

The Government has conducted a number of studies into low level crime and there exists general patterns relating to social contextual issues in repeat offenders. The Respect Order is likely to contain positive requirements set by the courts, which can compel perpetrators to take action to address the root cause of their behaviour. This can include drug or substance rehabilitation, awareness classes, anger management classes, performing unpaid work or abiding by curfews as some examples. As a result, these orders may have a positive impact on both landlords — in reducing anti-social behaviour — and individual ASB perpetrators — in addressing underlying problems. It’s expected that in providing a Respect Order, the courts will specify an individual or organisation who will be responsible for supervising compliance with the order requirements. To continue to address these issues, it’s important that landlords continue to make such services available. 

An alternative to injunctions

At paragraph 213, the explanatory notes state that Respect Orders are intended to partially replace civil injunctions, which are currently laid out in Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014. The main difference being that breaching a Respect Order will be a criminal offence, rather than a civil ‘contempt of court’ offence that is committed when breaching an injunction. 

Breach of ASB injunctions don’t often lead to community sentences, but rather offenders are restricted to fine and imprisonment. In comparison, Respect Orders may require perpetrators to give back to the same community that their ASB affected. 

Respect Orders may also act as an alternative to the lengthy process of applying for a positive behaviour injunction, by reducing the duty to consult and provide extensive evidence. As currently drafted, it’s implied that Respect Orders will not require separate powers of arrest which are previously attached to positive requirements, as the consequence of breach is a criminal charge or arrest.

The explanatory notes also imply that an application for a Respect Order may be treated as an application for a housing injunction and vice versa, so that a court deadline with an application for one should be able to grant the other if more appropriate. This might not be the end of the use of injunctions, as Respect Orders apply to adult offenders only. Youth injunctions will still be available for respondents aged ten to 18 years.

Possible shortfalls of Respect Orders

There is plenty of discourse around the possible issues associated with introducing Respect Orders. This includes issues around prison capacity and a possible influx of cases resulting in unpaid court fines. Furthermore, it could be argued that it might not be beneficial to redirect policing resources to lower-level crimes like ASB. On the other hand, by falling under the remit of a criminal offence rather than a civil offence, Respect Orders may now provide those with policing powers a more broad and practical understanding of ASB. 

Talk to us 

We provide the full range of legal support to registered providers to build, maintain and manage safe, sustainable communities, addressing anti-social behaviour where necessary.

Talk to us by calling 0333 004 4488, emailing hello@brabners.com or completing our contact form below.