Magistrate approves Ashford Borough Council application to extend closure order on flat after former tenant fails to attend court

Folkestone Magistrates Court has approved an application for a closure order to be extended for a further three months after Ashford Borough Council argued that allowing the former tenant to move back in was likely to lead to a resumption in serious anti-social behaviour.

On 29 May 2025, the council successfully applied for two flats to be closed for a three month period. The court orders prohibited anyone from entering, with the exception of council staff and Police Officers. Two female tenants were removed from the homes, their keys confiscated and the properties were both secured.

The court heard that the council’s Housing team received numerous complaints from neighbours about anti-social behaviour at both properties, which are located close to each other in Newtown Green.

Kent Police had been called to the properties on several occasions, responding to reports that drink and drug users were frequenting the addresses at all hours of the day and night, causing nuisance behaviour, and damaging communal spaces. 

Due to the antisocial behaviour in and around the properties, multiple residents had been left feeling unsafe, said Kent Police.

The allegations were that the two defendants separately engaged in disorderly, offensive and criminal behaviour.

They were allowing the flats to be used for criminal and disruptive anti-social behaviour. The council secured the orders under the Anti-Social Behaviour, Crime and Policing Act 2014, and the proceedings were supported by Kent Police.

On 26 August, the council returned to Folkestone Magistrates Court to apply for the closure order on one of the flats to be extended for a further three months.

The woman who had previously lived there and who had been forced to leave under the provisions of the closure order granted in May was seeking to be allowed to move back in.  

The court heard evidence from the council that since being moved out of the Newtown Green flat, the woman had been at the centre of serious anti-social behaviour at temporary accommodation and also in the town centre of Ashford.

The woman had indicated that she would attend court in Folkestone to argue her case that she should be allowed to move back into the Newtown Green flat but she failed to turn up.

After hearing the evidence, the court approved the council’s application to extend the closure order for three months until 27 November. The magistrate’s order is as follows:

The court has found on the balance of probabilities in relation to the address: 

(a)   That a person has engaged, or (if the order is not extended) is likely to engage in disorderly, offensive or criminal behaviour on the premises, or:

(b)   That the use of the premises has resulted, or (if the order is not extended) is likely to result, in serious nuisance to members of the public, or:

(c)   That there has been, or (if the order is not extended) is likely to be, disorder near those premises associated with the use of those premises.

The court orders that the premises continue to be closed and no further entry will be allowed for a further period of three months from the date of expiry of the previous order. The occupier will therefore be required to continue to use alternative accommodation.

A spokesman for the Council’s Housing team said: “This underlines our zero-tolerance approach towards ASB. These flats had previously been at the root of persistent problems and nuisance to neighbours, with people visiting at all hours, drug dealing, and causing noise and intimidation. 

“These issues make people’s lives a misery and we hope the outcome of this latest case will reassure our communities that we do not tolerate it and we will respond with appropriate action. 

“If you are affected by the illegal activities of another resident resulting in anti-social behaviour, then don’t suffer in silence. Use our Report It service on our website or report your concerns to the Police. With your help we can take action against the offenders.”

Detective Inspector Simon Johnson from the Ashford Community Safety Unit said: “The extension of the closure order is a great result for the local community, who had to endure this unacceptable behaviour on their doorstep for too long.

“This swift action was possible through the problem-solving work undertaken hand in hand with partner organisations like Ashford Borough Council. Kent Police will continue to tackle antisocial behaviour to make neighbourhoods safe and welcoming for residents.”

Kent Police say people can contact them by calling 101, or 999 if a crime is taking place, or online via the Kent Police website. You can also call Crimestoppers anonymously on 0800 555111.

Council Chief Executive Tracey Kerly said: “Our Housing and Legal teams and everyone else involved in securing this latest order are to be congratulated on taking decisive action in difficult circumstances.

"This is a clear demonstration of how anti-social behaviour will not be tolerated and that there are tools we can use to create some peace for our law-abiding communities.”