Bringing down the crack house

In january, the police were given new powers to close down premises they believe are being used as crack houses and are associated with serious nuisance or disorder in the neighbourhood.

These powers were introduced by the 2003 Antisocial Behaviour Act and are concerned with all class-A drugs, not just crack cocaine.

The definition of premises covers not only houses and flats but also sheds, garages and common areas that are being used for drug taking and dealing; and the nuisance or disorder can include drugs paraphernalia left in the street or neighbouring gardens, prostitution and so on.

The evidence of the nuisance may well come from neighbours as well as the police.

Where the police have reasonable grounds to believe that, in the past three months, the premises have been used for the supply, production or use of class-A drugs and have been associated with serious nuisance or disorder, a police officer may serve a closure notice on the premises. That officer must not be below the rank of superintendent and must have first consulted with the local authority and made attempts to trace the occupier or landlord of the house.

The notice will state the date, time and venue of the hearing where a closure order will be applied for.

Once the notice is served, it is a criminal, arrestable offence for anyone to enter the premises except for the owner or persons who live there. Within 48 hours of serving the notice, the police must apply to the magistrates' court for a closure order.

The magistrates will make a closure order if they are satisfied that the premises have been used for the production, supply or use of class-A drugs – although no actual conviction is necessary – and have been associated with serious nuisance or disorder. They will also have to consider whether an order is needed to prevent such future use.

Permission denied
The order will last up to three months, with the chance to apply for a further three-month extension. It will effectively close the premises to all persons except those authorised entry by the court.

A landlord that loses rent because of a closure order only gets compensation if it can show it took steps to stop the crack house

Again, unauthorised people trying to enter will be guilty of a criminal offence and may be arrested.

Once the order is made, the police can take steps to secure the premises and may seek the costs of doing so against the landlord. They may also seek payment for clearing the premises and carrying out essential repairs.

Ideally, a landlord who is made aware of the notice and application for an order will be represented at the hearing and may apply for authorised entry to carry out any such works itself so as to be in control of the associated costs.

Compensation claims
A landlord who incurs losses such as missed rental income because of an order may claim compensation. However, such recompense will only be awarded if the landlord can show that it took all reasonable steps to prevent the unacceptable use of the premises before the police intervened. A landlord would have to demonstrate that it operated good standards of management and followed antisocial behaviour policies and procedures.

A landlord or tenant may make representations to the court as to why an order should not be made, and they have a right of appeal against any order made. So, where a social landlord believes that its premises may be the target of police action, it is vital that it liaises with local police to stay abreast of developments.

If a closure order is made, that should assist the landlord in seeking possession and obtaining an order for that before the closure order expires. Indeed, Home Office guidance notes on the new powers state that the police must support any such proceedings by providing witness statements and attending hearings.

A landlord may feel that in very serious circumstances, where a swift response is required, it is appropriate to ask the local police to intervene while it is still seeking a possession order.

As stated above, the Home Office has produced detailed guidance notes for the police and court service on the use of the new powers. This will also be a useful reference for a landlord who either is affected by an application or who wishes to work with the police in making one.