The Living in Hackney Scrutiny Commission met on Wednesday 21 January 2026 to discuss joint social tenancies and domestic abuse, and to review the council's housing strategy. The Commission also reviewed its action tracker and work programme.

Joint Social Tenancies and Domestic Abuse

A significant portion of the meeting was dedicated to discussing the challenges faced by victims of domestic abuse who share a joint social tenancy with their perpetrator. The report pack highlighted that perpetrators can use the joint tenancy as a tool for coercive control, for example, by unilaterally ending the tenancy without the survivor's consent, potentially leaving them homeless. Survivors may also be reluctant to end the tenancy due to fear of reprisals or concerns about their future housing options.

The report outlined the current legal remedies available, such as Occupation Orders and Non-Molestation Orders, noting that these can be costly and do not guarantee a favourable outcome. Permanent legal remedies, like divorce and financial remedy orders, can take years and incur substantial costs.

Current means available to social landlords were detailed, including the UK Government's statutory guidance, which advises that authorities may consider evicting the perpetrator and allowing the victim to remain in their home with a new tenancy. Hackney Council's own Domestic Abuse and Housing Policy and Tenancy Management Policy were also referenced, which allow for action against perpetrators and the potential for victims to be issued with a new sole tenancy.

The report also discussed the limitations of current legal mechanisms, such as Ground 2A of the Housing Act 1985, which only allows for eviction after a survivor has permanently left the property. The challenges of using other legal remedies, like ASB-related injunctions and Closure Orders, were also noted.

Findings from Hackney Council's joint tenancies and domestic abuse case studies indicated the importance of robust collaboration with domestic abuse services and the professional network. Challenges identified included difficulties in accessing legal advice and gatekeeping by other local authorities when survivors needed to move.

An inter-borough working group, coordinated by Hackney Council since May 2024, was also discussed. This group aims to address common issues faced by local authorities dealing with joint tenancies where domestic abuse is present, promote best practice, and identify legislative changes. Key issues identified by this group included survivors' unwillingness to relinquish joint tenancies due to fear, difficulties in reaching agreements with other local authorities, perpetrators not relinquishing tenancies, and the evidence required by landlords to take action against perpetrators.

The report also referenced the Department for Levelling Up, Housing & Communities' consultation on the impacts of joint tenancies on victims of domestic abuse, which identified key problems such as perpetrator control and the lack of simple transfer mechanisms. Proposed solutions included legislative changes to allow the Family Court to transfer joint tenancies to survivors.

A proposal for a new Domestic Abuse Tenancy Transfer Order was presented, aiming to provide a simplified legal mechanism for transferring a joint social tenancy into a sole tenancy. This order would be granted if the perpetrator had been convicted of a domestic abuse offence or had received a court order related to domestic abuse. The report also noted changes in Scottish legislation, where the Domestic Abuse (Protection) (Scotland) Act 2021 introduced measures for social landlords to apply for an order to transfer a tenancy from an abusive tenant to their victim.

Desired outcomes included reviewing Hackney Council's Housing Services data collection around domestic abuse, exploring reciprocal arrangements with neighbouring local authorities, endorsing the proposal for a new Domestic Abuse Tenancy Transfer Order, and advocating for a body similar to Ombudsman Services to hold local authorities accountable for gatekeeping in homelessness legislation.

Scrutiny Reports, Letters & Responses

The Commission was scheduled to review recent reports and letters made by the Living in Hackney Scrutiny Commission, as well as any responses received from executive partners. The report pack indicated that the Commission had not finalised any reports or received any responses since its last meeting.

Hackney Housing Strategy 2026-31

The Commission was presented with a letter to the Executive regarding recommendations for improvement for the forthcoming Hackney Housing Strategy 2026-31. The letter highlighted the housing crisis in Hackney and welcomed the strategy's aim to coordinate actions of stakeholders. It noted the extensive evidence gathering undertaken for the strategy, including a Strategic Housing Market Assessment, housing needs surveys, and focus groups.

The Commission's response focused on four priority areas: affordable housing delivery, private sector housing, housing association partnerships, and supported housing and living.

Affordable Housing Delivery: The report stressed the pressing need for genuinely affordable homes, with a preference for social rent properties. It noted that while 965 new social rented homes were due for delivery by 2026, only 29 had been completed since 2022. Challenges such as increased construction costs, borrowing rates, and the exclusion of local authorities from government loans were highlighted. The report recommended increased lobbying for a new funding settlement and a focus on land supply for new homes. It also advocated for maintaining the 35% affordable housing target in the London Plan and for at least 60% of affordable homes in fast-tracked projects to be at the cheapest social rents. The importance of small sites and community land trusts was also mentioned.

Private Sector Housing: The report acknowledged that one in three households in Hackney live in privately rented accommodation. It noted concerns about a significant proportion of these homes containing serious hazards, particularly in houses in multiple occupation (HMOs). The report supported the Council's plans for property licensing and enforcement against rogue landlords, while also emphasising the need for more work on educating tenants of their rights and responsibilities. The establishment of a dedicated advice and prevention service for private renters was recommended.

Housing Association Partnerships: The report discussed the importance of housing associations providing the same high-quality service as the Council. It noted successes such as the Hackney Social Landlords Domestic Abuse Protocol but also highlighted challenges stemming from the Compact not being enforceable and a lack of routine performance monitoring. Recommendations included developing an outcomes framework for the refreshed Compact and ensuring shared commitments to increase affordable housing supply, develop temporary and supported accommodation, and improve safety and safeguarding.

Supported Housing and Living: The report addressed the disproportionately high number of residents with social and health needs in Hackney's housing stock. It highlighted the new responsibilities under the Supported Housing Act 2023 and welcomed the forthcoming Supported Housing Strategy. The report supported an 'invest to save' approach and encouraged the Council to explore developing specialist supported housing on its own land. It also noted the unmet needs of homeless individuals with complex needs and the importance of housing support for care leavers and older people. Recommendations included prioritising the needs of older people and reporting on housing support for families of children with SEND and care leavers.

Scrutiny Action Tracker

The Commission was presented with the Scrutiny Action Tracker for 2025/26, which details agreed actions from previous meetings and their subsequent outcomes. Members were asked to note the tracker and provide any comments. The tracker indicated several outstanding actions, including requests for information on Personal Emergency Evacuation Plans (PEEPs), updates on the use of the Tenant Levy, and detailed financial payments awarded to residents for housing complaints.

Living in Hackney Work Programme 2025/26

The Commission's work programme for the 2025/26 municipal year was presented. This document outlines proposed items for discussion, including homelessness and temporary accommodation, housing associations compact refresh, new council homes programme, and updates on various scrutiny reviews. Members were asked to note the work programme.

Minutes of the Previous Meeting

The draft minutes of the Living in Hackney Scrutiny Commission meeting held on 8 December 2025 were presented for review and agreement. The minutes detailed discussions on the Housing Improvement Plan and HRA Budget Monitoring.

Any Other Business

No other business was scheduled to be discussed.