In the weeks leading up to implementation, there was a lot of uncertainty across the sector. Housing providers, legal teams and practitioners were grappling with legislative changes, evolving guidance and the practical reality that the new court forms were only released on the day the new regime came into force.
Now that the dust has started to settle, what are we actually seeing in practice?
Housing Injunctions remain the primary tool
Housing Injunctions have largely (as expected) stepped into the shoes of the former ASB Injunction, with providers continuing to approach serious ASB cases in much the same way as before.
One issue we have encountered concerns applications sent to court, but not issued before 26 October 2026. Some courts have suggested these should be re-submitted under the new legislation, which is questionable, but just something to be aware of with those long standing cases sent months back but awaiting issue.
The new requirement for a risk assessment is also worth noting. Whilst providers need to complete one for all new applications, it may also be sensible to complete one retrospectively in older cases where applications remain ongoing, in case they are issued after 26 October 2026, and the courts challenge at first hearing.
Respect Orders: early impressions
It has been encouraging to see housing providers beginning to utilise Respect Orders. One of the most common discussions we have had with clients is whether a case is best suited to a Housing Injunction or a Respect Order, with providers generally taking a balanced and considered approach before issuing proceedings.
Whilst it is still early days, it will be particularly interesting to see how breaches of Respect Orders are dealt with in practice and whether the enforcement regime proves to be a stronger deterrent in ASB cases.
Closure Orders continue to be a real success story
One of the most positive developments has been the enhanced powers available to registered providers in respect of Closure Orders. Many providers have been successful in obtaining closures.
Youth Injunctions: business as usual
Unsurprisingly, we have not yet seen any significant increase in applications involving young people.
Many housing providers were not routinely seeking injunctive relief against minors before implementation and that remains broadly the case now.
It will be interesting to see whether this develops over time as providers become more familiar with the jurisdiction and courts begin to build a body of decisions under the new regime.
A reminder on Ground 7A
One point that should not be overlooked is the amendment to the wording of Ground 7A.
A breach of a Respect Order under Condition 2 can now be relied upon for possession purposes, alongside other amendments introduced by the new legislation.
Housing providers should therefore review any precedent Notices Seeking Possession, Particulars of Claim and template documents they hold. Many organisations have built up extensive banks of precedents over the years and it is easy for outdated wording to remain in circulation.
A quick precedent review now may avoid technical arguments later.
Early observations
It has been an interesting first couple of weeks under the new regime.
For many housing providers, the main challenge has not been the substantive legal changes themselves, but the practical implementation of them. Updating precedents, ensuring the correct forms are being used, understanding the transitional provisions and embedding the new risk assessment requirements into existing processes have all been key.
Perhaps one of the most interesting developments has been the conversations the changes have prompted. We have seen a number of clients revisit their existing ASB procedures, explore different enforcement routes and consider remedies that may not previously have been at the forefront of their enforcement strategy.
As with any significant legislative change, the real test will come over the coming months as more cases progress through the courts and judicial approaches begin to emerge. For now, however, the changes appear to have encouraged useful discussions for housing providers around enforcement strategy, internal processes and the wider range of options available to registered providers when tackling anti-social behaviour.
If you would like to discuss further, please get in touch with our housing management team.