What is a closure order?
A closure order is a Magistrates’ Court order made under Part 4, Chapter 3 of the Anti‑social Behaviour, Crime and Policing Act 2014. It follows a closure notice served by police or a local authority, lasting up to 48 hours, after which an application must be made to the Magistrates’ Court for a closure order.
Closure orders may prohibit access entirely (a full closure) or allow access only to named individuals such as the tenant (a partial closure). They can be made for up to three months initially and extended to a maximum of six months on application.
Breach of a closure notice or order is a criminal offence, enforceable by arrest and prosecution.
Importantly, a closure order does not end the tenancy. Even when the property is inaccessible (in cases where a full closure is granted), rent remains due, and landlords must take separate tenancy enforcement action where appropriate.
Applying for a closure order
Once granted, orders can be extended, varied or discharged where circumstances justify it.
Partial and full closure: What they mean in practice
A partial closure restricts access to the premises to named specified persons (for example, the tenant), while excluding all persons not named within the order. A full closure prohibits all access other than for named exceptions such as police or council staff. Both are enforceable through criminal sanctions.
Where a tenant is excluded, they may effectively be unable to occupy their home for the duration of the order, although the tenancy itself continues unless separate action is taken.
Ground 7A Housing Act (1988)
Under Schedule 2 to the Housing Act 1988. A social landlord may rely on mandatory ground Ground 7A where Condition 4 is made out, where –
- The dwelling has been subject to a closure order under s.80 ASBCPA; and
- Access to the dwelling has been prohibited for a continuous period of more than 48 hours, whether under the closure order or the preceding closure notice.
Serving the Notice Seeking Possession (NOSP)
For Ground 7A to be validly relied upon, the NOSP must be served within three months of the closure order being made (or within three months of an appeal being finally determined, abandoned or withdrawn).
Ground 7A carries a one month notice period, even where relied on in conjunction with alternative grounds which carry lesser notice periods. Once served, the NOSP remains valid for 12 months, and possession proceedings must be issued within that time.
Using additional grounds
Social landlords may – and often should – rely on additional grounds where the evidence permits. In cases giving rise to a closure order, there is frequently strong evidence for:
- Ground 12 (breach of tenancy), and
- Ground 14 (nuisance/annoyance).
This strengthens the claim and provides alternative pathways if the mandatory ground is challenged.
Pre‑action protocol requirements
Because Ground 7A is a mandatory ground for possession, social landlords must comply with the Pre‑Action Protocol. This includes giving tenants an opportunity to make written representations about the decision to seek possession within a reasonable timeframe.
By serving a protocol‑compliant covering letter with the NOSP, the social landlord allows time to consider and respond to any representations raised. If necessary, possession proceedings can then be issued promptly once the notice expires.
Managing timing risks: Injunctions and interim protection
If the closure order is due to expire before the NOSP expires, or before a possession hearing can take place, landlords may consider applying for an injunction—potentially including exclusion clauses where violence has been used or threatened, or where there is a significant risk of harm.
Although an exclusion order is not guaranteed, it is often more realistic where the tenant has alternative accommodation available (whether provided by the social landlord, the council or otherwise). This can be an effective way to maintain control and protect neighbours on an interim basis while waiting for possession proceedings to conclude or for enforcement of a warrant.
Evidential strength of Ground 7A
A property that has already been closed by court order creates a strong evidential foundation. The closure order itself demonstrates significant ASB proven to the criminal burden of proof, which is higher than the civil burden required for possession claims. If notice and timing rules are followed and pre‑action protocol compliance evidenced, social landlords have a robust basis from which to pursue mandatory possession.
If you would like to discuss further, please get in touch with our housing management team.