Q&As

Based on section 83ZA(7) of the Anti-social Behaviour, Crime and Policing Act 2014, do you always have to wait 21 days to see if a tenant appeals against the closure order before issuing a notice seeking possession or can you issue at any point within three months?

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Produced in partnership with Aisha Akhtar of Network Homes
Published on LexisPSL on 08/09/2020

The following Local Government Q&A produced in partnership with Aisha Akhtar of Network Homes provides comprehensive and up to date legal information covering:

  • Based on section 83ZA(7) of the Anti-social Behaviour, Crime and Policing Act 2014, do you always have to wait 21 days to see if a tenant appeals against the closure order before issuing a notice seeking possession or can you issue at any point within three months?
  • Notice requirements

The making of a property closure order involves a two-stage process.

The first is the closure notice and then secondly, a closure order can be applied for to the court pursuant to section 80 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014).

A closure notice cannot be appealed. A closure order can be appealed. Appeals are to the Crown Court and must be made within 21 days beginning with the date of the decision to which the appeal relates (ABCPA 2014, s 84).

An appeal against the decision to issue the order may be made by:

  1. a person who was served the closure notice, or

  2. anyone who has an interest in the premises upon whom the notice was not served

Where the court decides not to issue a closure order, the following may appeal:

  1. the police may only appeal where they issued the closure notice,

  2. the local council may only appeal where they issued the closure notice

The magistrates’ court can extend the closure order for a further three months—not to exceed six months in total (ABCPA 2014, s 82). See Practice Note

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