The Crime & Policing Bill — what registered providers of social housing need to be aware of

The social housing sector has undergone significant legislative change with the Renters’ Rights Act and Awaab’s Law shaping the framework in which landlords operate. Now, further reform is on the horizon with the Crime and Policing Bill (the Bill).

The Government’s general election manifesto pledged a tougher approach to anti-social behaviour (ASB) with the Bill being central to this commitment. It proposes significant changes to the Anti-Social Behaviour, Crime and Policing Act 2014 (the 2014 Act), giving registered providers of social housing (RPs) new powers and reshaping how ASB is addressed. 

Introduced to the House of Commons on 25 February 2025, the Bill has completed its second reading in the House of Lords and is currently at Committee Stage. It’ll likely receive Royal Assent at some point this year.

Here, Josephine Morton and Amy Cowap from our housing team examine the Bill’s proposals and outline what RPs need to know to prepare for the changes ahead.

What are Respect Orders?

One of the most significant aspects of the Bill for RPs is the introduction of Respect Orders. 

Key points include:

1. A Respect Order can be made against anyone aged 18 or over if a court is satisfied — on the balance of probabilities — that the Respondent has engaged in or threatened to engage in ASB and the court considers that it’s just and convenient to grant the order to prevent further ASB.
2. Applications for a Respect Order can be made in the County or High Court, either with or without notice to the Respondent. They can be made by the Police, local authorities and RPs. However, RPs can only apply if the ASB complained of affects their housing management functions.
3. The terms of a Respect Order may contain prohibitions on certain conduct or positive requirements such as engaging with a specified referral for support. Compliance with any positive requirement must be supervised.
4. Where the ASB includes violence, threats of violence or presents a significant risk of harm to others, a Respect Order can include an exclusion zone for the Respondent’s home.
5. The court may grant an Interim Respect Order during court proceedings and may treat an application for one as an application for an injunction and vice versa.
6. Risk assessments must be completed before applying for a Respect Order, addressing any potential for harassment, alarm or distress, the Respondent’s vulnerabilities, possible alternative interventions and any other relevant factors. 

Breach of a Respect Order

A breach of a Respect Order will constitute a criminal offence and could result in a two-year custodial sentence as well as a criminal record. Because breaches are dealt with in the criminal courts, they must be proven to the criminal standard of proof: beyond all reasonable doubt.

Where the alleged breach relates to a positive requirement, the Police can’t investigate or take action until the supervisor of that requirement has issued a warning to the Respondent. This warning must be issued within 12 months of the breach occurring.

It’s worth noting that any alleged breach of a Respect Order will be investigated by the Police and pursued by the Crown Prosecution Service (CPS) with the first hearing taking place in the Magistrates’ Court. 

The involvement of both the civil and criminal courts may create some practical difficulties. One example is that the criminal courts won’t have the authority to vary Respect Orders and would have to refer this back to the civil courts. 

A positive aspect for RPs is that it appears that they won’t have to incur the legal costs and disbursements of pursuing alleged breaches as enforcement sits with the Police and CPS. However, it also means that alleged breaches will be completely out of the hands of RPs.

RPs will have to wait and see how much of a priority enforcement of Respect Orders are to the Police and CPS in light of their already strained capacity levels and whether there’s a delay in the criminal courts dealing with these cases due to backlogs.

Youth & housing injunctions

The Bill intends to amend the 2014 Act to categorise ASB injunctions as either ‘youth injunctions’ for Respondents aged 10 to 17 or ‘housing injunctions’ for those aged 18 and over. It also proposes to change reference to ‘anti-social behaviour’ in housing injunctions to ‘housing related anti-social conduct’. As with Respect Orders, a risk assessment will be required before applying for either of these injunctions.

Possible interplay between Respect Orders & housing injunctions

At first glance, Respect Orders and housing injunctions appear very similar and an application for one can be treated as an application for the other. How the two will operate in practice (and how they’ll ultimately be distinguished) remains to be seen.

It may be that Respect Orders are eventually intended to replace housing injunctions. On the other hand, they may be designed to serve different purposes — Respect Orders as a tool primarily for the Police and local authorities and housing injunctions as a tool for RPs. If so, enforcement responsibilities may also diverge, with the Police overseeing Respect Orders and RPs managing housing injunctions.

While this could also explain the distinction between ‘anti-social behaviour’ and ‘housing related anti-social conduct’, this is merely speculation and only time will tell. 

Greater clarity is expected once guidance notes are published. However, a public consultation on Respect Orders will likely be required before this guidance is issued, possibly delaying the implementation of Respect Orders, youth injunctions and housing injunctions until after the review and consultation are complete.

Closure notices & orders 

Another noteworthy amendment to the 2014 Act proposed by the Bill is the extension of the power to issue closure notices. At present, only local authorities and the Police can issue these notices. The Bill would broaden this so that members of an RP’s senior management team can also issue them.

The Bill also intends to extend the maximum duration for a closure notice to 48 hours in usual circumstances and 72 hours where it’s been issued by a Superintendent or CEO. RPs could therefore have up to 72 hours from service of the closure notice to apply to the court for a closure order.

Case reviews & reporting requirements

The Bill intends to introduce several key obligations aimed at strengthening the community response to ASB. One of these measures is for the Police to raise awareness of ASB case reviews, ensuring that victims understand their right to request an independent review of their case. 

Local Policing Bodies will also be required to consult with RPs and other relevant organisations when developing and implementing review procedures, fostering a more collaborative approach. 

In addition, RPs will be obligated to report specific ASB data to the Home Office, enabling a clearer picture of ASB levels nationwide and supporting the effective monitoring of how these measures are being used to tackle issues within local communities.

'Cuckooing'

The Bill proposes creating a specific criminal offence for ‘cuckooing’, carrying a potential custodial sentence of up to five years. 

While various offences have previously been used to address this behaviour, the Bill introduces a new offence of controlling another person’s home for criminal purposes. This is committed where a person “exercises control over the dwelling of another person and does so for the purpose of enabling the dwelling to be used in connection with the commission (by any person) of one or more relevant offences and the other person does not consent to the person exercising that control for that purpose”. 

This will take into consideration factors such as whether that individual controls who enters or leaves the dwelling, deliveries to or from the dwelling and the purpose for which the dwelling is being used. It’ll also take into consideration whether the occupier has given their consent to another individual controlling their property, with specific reference to the age and capacity of the occupier. 

The aim of this is to protect vulnerable individuals from exploitation at the hands of others who may intend to use their property for criminal purposes.

Next steps for RPs

With multiple reforms converging, 2026 is set to be a demanding year for RPs. The implementation of the Renters’ Rights Act, further progress on Awaab’s Law and the passage of the Bill will require RPs to adapt quickly. Preparing now by reviewing compliance processes, strengthening risk management and staying alert to forthcoming guidance will be essential to navigating this period of change effectively.

Talk to us

Our housing team is already advising on these developments and offers comprehensive legal support to help RPs to respond to new requirements, manage risk effectively and continue building safe, sustainable communities.

If you need expert legal advice to manage these issues, talk to us by sending an email to hello@brabners.com, calling 0333 004 4488 or completing our contact form below.