Barking and Dagenham Fit and Proper Person Test for Landlords

Every landlord licence application in Barking and Dagenham involves a fit and proper person assessment. LBBD evaluates both the proposed licence holder and the proposed manager, and if either fails the test, the licence won't be granted — regardless of whether the property itself is compliant.

What the Test Covers

Under sections 66 and 89 of the Housing Act 2004, the council must be satisfied that the proposed licence holder and manager are fit and proper people to hold a licence or manage the property. The assessment focuses on four areas.

Criminal history. You must declare any convictions involving fraud, dishonesty, violence, drugs, or sexual offences. Follow the application form's wording about what must be disclosed.

Discrimination findings. Any judicial or tribunal finding of unlawful discrimination on grounds of sex, colour, race, ethnic origin, or disability must be declared. This includes Employment Tribunal decisions, county court judgments, and findings by the Equality and Human Rights Commission.

Housing law breaches. LBBD looks at whether you've breached housing legislation, landlord and tenant law, or been subject to adverse enforcement action by any local authority — not just Barking and Dagenham. Previous civil penalties, prosecution convictions for housing offences, Improvement Notices, Prohibition Orders, or Management Orders all count. A pattern of non-compliance across multiple boroughs is a strong indicator of failure.

Previous licensing history. If you've had a licence refused, revoked, or been subject to formal enforcement interventions associated with property licensing anywhere in England, that weighs heavily against you.

DBS Checks

LBBD doesn't require a DBS (Disclosure and Barring Service) check as standard for selective licensing applications. But the council reserves the right to demand official criminal record certificates or financial disclosures if the fit-and-proper review raises concerns — for instance, if the applicant's name appears on enforcement records from another borough or if the declarations seem incomplete.

For HMO applications, the same fit-and-proper assessment applies; the council may request additional checks if concerns arise.

Who Gets Assessed

Both the proposed licence holder and the proposed manager go through the assessment. If you self-manage, you're assessed in both roles. If you use a letting agent, the agent (or their named individual) is assessed as the proposed manager.

For corporate entities, the applicant must supply a UK-registered office address and Companies House registration details.

Non-UK resident landlords can't act as sole licence holders unless they appoint a UK-based managing agent who accepts joint compliance liability under the licence conditions. The agent must also pass the fit and proper test.

What Happens if You Fail

If LBBD decides either the proposed licence holder or the proposed manager isn't fit and proper, the application is refused. You forfeit the Part A fee (non-refundable), and the property remains unlicensed.

A refusal doesn't mean you can never apply again. You can submit a new application with a different proposed licence holder or manager — for example, appointing a licensed managing agent who passes the test. Some landlords who fail on the basis of historical convictions apply again after demonstrating remedial steps (training courses, accreditation, or a track record of compliant management at other properties).

If you know your history includes convictions or enforcement actions, be upfront in the application. Concealing material facts is worse than disclosing them — if LBBD discovers undisclosed convictions after granting a licence, they can revoke it and pursue enforcement for providing false information.

The Barking and Dagenham Landlord Licensing Guide covers the full fit and proper assessment in the context of the application workflow, with a checklist of what to declare and how to present your case.

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