A closure order is brought before the court by the police and local authority upon a premise that the property concerned is the site of persistent anti-social behaviour or illegal activity and is seen to be the cause of a persistent, serious nuisance. Such an order will close a building for at least three months to everyone, including those that live there; breaching the closure is a criminal offence.
Possible grounds for a closure order
It is up to the court to determine what exactly constitutes ‘persistent serious nuisance’ or ‘significant and persistent disorder’ and many things may be considered, including, but not limited to, the following:
Defending a closure order
If a closure order is made on your property it is vital to contact a housing solicitor immediately. This type of order is intended to halt the distress caused to local residents by anti-social behaviour that is associated with a property, rather than an individual, for which an ASBO would be used. In order to defend a closure order you will have to prove that the anti-social behaviour is either not occurring or is not associated with the property. Government agencies use the period of the closure order to attempt to tackle the underlying causes of anti-social behaviour and working with them can help get the order lifted more quickly, in addition to helping you deal with any problems you may be having. A disrepair solicitor or housing possession solicitor may be able to help you deal with the issues that have resulted in a closure order being issued. Most housing solicitors have these kinds of specialists available to advise their clients.
Protection of vulnerable individuals
It is a criminal offence to access a property that is under a closure order, so do not be tempted to remain in your house if it has been closed. Children and vulnerable people are taken into consideration when a closure order is implemented; they will be moved to safe housing and a resettlement programme may be required, especially if a vulnerable person has their property closed due to other people taking advantage of them. Seek help form the council and homelessness agencies if you are worried about the effects of a closure order on your home; a housing solicitor will be able to help you and ensure that your legal rights are not contravened.
If your home is being used for illegal or anti-social behaviour and you are worried that it may become subject to a closure order then speak to housing solicitors, the Citizens Advice Bureau or the police immediately; there may be things that can be done to help prevent you losing your home to a closure order
Possible grounds for a closure order
It is up to the court to determine what exactly constitutes ‘persistent serious nuisance’ or ‘significant and persistent disorder’ and many things may be considered, including, but not limited to, the following:
- Constant and excessive noise at all hours of night and day.
- Large numbers of people coming and going constantly.
- Violence and crime committed in or around the premises.
- Threatening behaviour towards local residents.
- Any instance of a firearm being discharged in or near the premises.
- Disorder associated with alcohol or drug abuse.
Defending a closure order
If a closure order is made on your property it is vital to contact a housing solicitor immediately. This type of order is intended to halt the distress caused to local residents by anti-social behaviour that is associated with a property, rather than an individual, for which an ASBO would be used. In order to defend a closure order you will have to prove that the anti-social behaviour is either not occurring or is not associated with the property. Government agencies use the period of the closure order to attempt to tackle the underlying causes of anti-social behaviour and working with them can help get the order lifted more quickly, in addition to helping you deal with any problems you may be having. A disrepair solicitor or housing possession solicitor may be able to help you deal with the issues that have resulted in a closure order being issued. Most housing solicitors have these kinds of specialists available to advise their clients.
Protection of vulnerable individuals
It is a criminal offence to access a property that is under a closure order, so do not be tempted to remain in your house if it has been closed. Children and vulnerable people are taken into consideration when a closure order is implemented; they will be moved to safe housing and a resettlement programme may be required, especially if a vulnerable person has their property closed due to other people taking advantage of them. Seek help form the council and homelessness agencies if you are worried about the effects of a closure order on your home; a housing solicitor will be able to help you and ensure that your legal rights are not contravened.
If your home is being used for illegal or anti-social behaviour and you are worried that it may become subject to a closure order then speak to housing solicitors, the Citizens Advice Bureau or the police immediately; there may be things that can be done to help prevent you losing your home to a closure order
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