Barking and Dagenham Licence Conditions: What Landlords Must Comply With

Getting the licence is the beginning, not the end. Every LBBD property licence comes with mandatory conditions under Schedule 4 of the Housing Act 2004 plus local discretionary conditions. Breaching a condition is a separate offence; civil penalties can be up to £30,000, or up to £40,000 for qualifying serious, fraudulent or persistent breaches.

Statutory Conditions (All Licences)

These apply to every licence LBBD issues, regardless of scheme:

Gas safety: supply an annual Gas Safety Certificate to the council within 14 days of demand. Every gas appliance in the property must be covered.

Electrical safety: keep all electrical appliances and furniture in a safe condition and provide compliance declarations on request.

Smoke and CO alarms: maintain working smoke alarms on every storey used as living accommodation and carbon monoxide alarms in rooms used wholly or partly as living accommodation that contain a fixed combustion appliance other than a gas cooker. Keep and submit regular testing records.

Tenancy agreement: supply all occupiers with a written statement of tenancy terms.

LBBD Local Conditions

The council adds its own management requirements on top of the statutory base:

Waste management — provide adequate refuse and recycling containers sized for the household. Issue written instructions to tenants about collection schedules. If tenants cause fly-tipping or fail to use the bins properly, you must send written warnings and keep copies for at least five years.

Regular inspections — selective properties must be inspected at least every six months; HMOs at least every three months. Written logs of each inspection must be retained for council review.

Anti-social behaviour — investigate and document any reports of ASB arising from occupants or visitors at the property. The council expects you to take reasonable steps to address it, not just pass complaints along.

Occupancy limits — the licence specifies a maximum number of occupants. Allowing more people to live in the property than the licence permits is a breach.

What Counts as a Breach

Sections 72(5) and 95(4) of the Housing Act 2004 provide a reasonable-excuse defence in criminal proceedings for failing to comply with a licence condition. A planned repair or later document does not automatically establish that defence.

Common breaches include:

• Lapsed safety certificates (gas, EICR)
• Missing or non-functional smoke alarms found during an inspection
• No written inspection logs available
• Exceeding the occupancy limit, even temporarily
• Failing to address reported ASB

The Consequences

Under section 72(3) and section 95(2) of the Housing Act 2004, breaching a licence condition is a criminal offence. LBBD can prosecute for an unlimited fine or impose a civil financial penalty of up to £30,000; the Renters' Rights Act 2025 allows penalties up to £40,000 for qualifying serious, fraudulent or persistent breaches.

LBBD can also vary or revoke your licence under sections 69/70 (HMO) or 92/93 (selective) if the breach is serious enough, if the licence holder is no longer fit and proper, or if the property no longer meets structural standards.

The Barking and Dagenham Landlord Licensing Guide includes a licence condition compliance log and inspection schedule template.

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