How landlords and authorities can take effective legal steps to protect communities.
Addressing anti-social behaviour and criminal activity at residential and commercial properties remains a key concern for landlords, local authorities and communities alike. One increasingly effective tool in this area is the use of closure orders, orders which can serve as a foundation for mandatory possession proceedings. This article explores the mechanics of closure orders, their interaction with housing law, and how they can offer a streamlined route to possession in appropriate cases.
What is a Closure Order?
Closure orders are one of the tools available to police and local authorities to prevent access to premises associated with persistent nuisance or disorder. They are governed by the Anti-Social Behaviour, Crime and Policing Act 2014, and aim to tackle serious disruption caused by occupants or visitors of a property.
The process typically begins with a closure notice, which can be issued for up to 48 hours. This notice, served by the police or a local authority, acts as a short-term prohibition of access. To extend this prohibition, the authority may apply to the Magistrates’ Court for a closure order, which can initially last up to three months and may be extended to a maximum of six months. A breach of a closure order is a criminal offence, punishable by imprisonment and/or a fine.
Impact on Occupiers and Landlords
It is important to note that a closure order does not terminate ownership or tenancy rights. Rent continues to accrue during the closure period, and landlords cannot assume vacant possession solely based on the closure order itself.
However, where a closure order has remained in effect for more than 48 hours, landlords can rely on Ground 7A of Schedule 2 to the Housing Act 1988 to seek possession. This is a mandatory ground introduced by the 2014 Act, designed to support landlords facing serious anti-social behaviour issues at their properties.
Using Ground 7A for Possession
To use Ground 7A, the following conditions must be satisfied:
- The closure order must have been made under Section 80 (or preceded by a closure notice under Section 76) of the 2014 Act.
- The order must have remained in effect for more than 48 hours.
If these are met, landlords may issue possession proceedings, provided they comply with the Pre-Action Protocol for rent arrears and serve a Notice of Seeking Possession within three months of either:
- The closure order being made; or
- The dismissal of an appeal (if applicable).
This route can significantly reduce the time and cost involved in regaining possession.
Strategic Advantages for Landlords
Possession claims relying on Ground 7A tend to be more cost-effective, with fewer evidential burdens than discretionary claims. Because the closure order process already involves significant evidence gathering, such as police reports and witness statements, landlords can often rely on this material without repeating the groundwork.
Additionally, since Ground 7A is mandatory, courts must grant possession where the conditions are met, although tenants may still raise specific legal defences.
Potential Defences and Considerations
Despite its mandatory nature, claims under Ground 7A can be challenged. Defendants may invoke:
- Article 8 of the European Convention on Human Rights (right to respect for private and family life), particularly where the tenant is not directly responsible for the nuisance.
- Equality Act 2010 protections, especially if the tenant has a protected characteristic or experiences discrimination.
- Procedural defects, such as failure to follow the correct process or to provide a proper review procedure. In such cases, courts may dismiss the claim or adjourn it for compliance.
Moving forward
Closure orders are a powerful tool in addressing serious anti-social behaviour and can provide a clear legal pathway to possession for landlords through mandatory Ground 7A. When used appropriately and in compliance with statutory procedures, they offer an efficient and effective route to protect communities and restore order to affected neighbourhoods.
For more information, please contact Navya Joginipally at navya.joginipally@swinburnemaddison.co.uk or David Low at david.low@swinburnemaddison.co.uk or call the Swinburne Maddison team on 0191 384 2441.
