Written by Jasmin Rogers
Housing providers are set to gain a significant new tool for tackling anti-social behaviour (ASB) when Respect Orders come into force on 26 October 2026 under the Crime and Policing Act 2026. The new orders are intended to provide a flexible civil enforcement mechanism for persistent ASB, while introducing stronger criminal consequences when an order is breached.
For housing providers, the introduction of Respect Orders will bring a new enforcement tool so that landlords can intervene in serious and persistent cases. However, it will also place greater emphasis on careful case assessment, risk management, evidence gathering and effective partnership working with the police.
What is a Respect Order
A Respect Order is a civil order designed to tackle problematic behaviour by individuals aged 18 or over. Application powers are granted to local authorities, police forces and registered providers of social housing. For housing providers, an application can be made whenever the ASB directly or indirectly relates to, or impacts, their housing management functions. These applications can be made in either the County Court or the High Court.
The court may issue a Respect Order if it is satisfied, on the balance of probabilities, that the respondent has engaged in, or is threatening to engage in, ASB. To grant the order, the court must also consider it just and convenient to prevent further acts of ASB. These orders provide considerable flexibility by incorporating both prohibitions and positive requirements. This dual approach allows the court to address the disruptive behaviour itself while simultaneously tackling its underlying causes.
A practical example of where a Respect Order may be appropriate is where a perpetrator is exhibiting aggressive or threatening behaviour towards their wife within their shared home, driven by anger issues and drug addiction. In this scenario, the court can tailor the order to include mandatory positive requirements. For example, it could require the perpetrator to attend anger management classes and enter a rehabilitation programme for their addiction.
For more serious situations, the legal process offers enhanced protections and swift enforcement mechanisms. The court has the power to grant a housing injunction at the same time without requiring a separate application. Furthermore, applications can be made without notice, and judges can issue both interim and final orders. In cases involving violence or a significant risk of harm, a Respect Order can even exclude the perpetrator from their home, backed by stronger consequences for any breach.
Key difference between previous ASBI and Respect orders
Respect Orders introduce a number of important changes to the way anti-social behaviour is addressed. One of the most significant differences is how breaches are enforced. Under the current ASB injunction regime, a breach is dealt with as contempt of court, meaning housing providers must return to court to seek enforcement, with sanctions including fines or imprisonment. In contrast, breach of a Respect Order will be a criminal offence. This means the police will be able to investigate and arrest suspected offenders directly, reducing the need for housing providers to pursue separate enforcement proceedings through the courts. The Government’s aim is to combine the flexibility of a civil order with stronger and more immediate enforcement through the criminal justice system.
Respect Orders also introduce a requirement for applicants to undertake an appropriate risk assessment before an application is made. The assessment should consider:
- The risk of any person experiencing harassment, alarm or distress as a result of the behaviour.
- The vulnerabilities of the respondent.
- Alternative means of preventing the ASB, including interventions that have already been attempted or could reasonably be considered.
- Any other material matters relevant to the application.
This represents an important shift in emphasis for housing providers. A history of complaints alone is unlikely to be sufficient. Providers will need to demonstrate why a Respect Order is necessary and proportionate in the circumstances of the case, supported by good-quality evidence and a clear consideration of alternative interventions.
Respect Orders will not replace all existing ASB injunction powers. Youth injunctions will remain available for respondents aged 10 to 18, while existing injunctions under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 will continue to be available in appropriate cases.
Housing providers will therefore need to consider carefully which legal route is most suitable. Generally, housing-related nuisance or annoyance may continue to be addressed through the existing injunction regime, whereas more serious conduct involving harassment, alarm or distress may justify a Respect Order application. The legislation also allows the court to treat an application as one for the alternative order where appropriate, reducing the risk of proceedings failing simply because the wrong route was initially chosen.
Expanded closure powers for housing providers
Respect Orders are not the only change being introduced by the Crime and Policing Act 2026. The legislation also expands the powers available to registered social housing providers in relation to Closure Notices and Closure Orders.
Registered providers will be able to issue Closure Notices and apply for Closure Orders in relation to premises they own or manage, reducing their reliance on the police or local authorities to take action on their behalf.
The legislation also extends the duration of Closure Notices. The initial Closure Notice period will increase from 24 hours to up to 48 hours, while an extended Closure Notice may remain in force for up to 72 hours. This provides housing providers with a greater opportunity to secure premises and prepare any subsequent court application.
These powers are likely to be particularly useful in cases involving:
- Persistent drug-related activity
- Serious disorder
- Violence
What does this mean in practice for housing providers?
Before seeking a Respect Order, providers should be able to demonstrate:
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what behaviour has occurred or is threatened;
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the impact on victims and the wider community;
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the available evidence;
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the risks involved;
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the vulnerabilities of the respondent;
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what interventions have already been attempted;
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what alternative interventions have been considered; and
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why a Respect Order is necessary and proportionate.
A well-documented decision-making process will therefore be essential.
High-quality evidence will remain central to successful applications. Housing providers should ensure that complaints, witness evidence, incident reports, professional observations and other relevant material are properly recorded and assessed. A clear and well-documented decision-making process will be essential.
Housing providers will also need to become familiar with the different enforcement routes available. Existing housing injunctions will remain available in appropriate cases, meaning practitioners will need to consider whether the behaviour is best addressed through a traditional injunction or a Respect Order.
The criminalisation of breaches is also likely to increase the importance of effective working relationships with local police forces. Clear arrangements for reporting suspected breaches, sharing evidence, and supporting victims and witnesses will be essential, particularly in cases involving violence or an immediate risk of harm.
Breaches of Respect Orders may also have implications for future possession proceedings. Providers should therefore consider enforcement action as part of their wider case strategy.
What should housing providers do now?
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Reviewing ASB policies and procedures.
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Training housing and legal teams on the new regime.
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Developing a risk-assessment process
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Reviewing evidence-gathering standards.
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Establishing clear police liaison arrangements
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Ensuring staff understand when to use Respect Orders and when existing injunction powers remain appropriate.
If you want to discuss anything further, or are interested in additional guidance, please contact our housing management team: Specialist Housing Management Solicitors – Clarke Willmott