Enfield Landlord Fit and Proper Person Test: What the Council Checks

Every person proposed as a licence holder or managing agent on an Enfield property licence must pass the fit and proper person test. It is a statutory requirement under the Housing Act 2004 — not a formality. The council can refuse a licence outright if the proposed licence holder fails the assessment, even when the property itself meets every physical standard.

What the Council Evaluates

The fit and proper person test under Sections 66(3) and 89(3) of the Housing Act 2004 requires the council to consider whether the proposed licence holder or manager has:

Unspent criminal convictions for fraud, dishonesty, violence, drugs offences, or offences listed under Schedule 3 of the Sexual Offences Act 2003. Spent convictions (under the Rehabilitation of Offenders Act 1974) are generally excluded. The council considers unspent convictions in these categories as part of the assessment.

A history of unlawful discrimination on grounds of sex, race, ethnic or national origin, colour, or disability in connection with any business involving housing.

Contraventions of housing or landlord-and-tenant law, including previous enforcement notices, improvement notices, or prohibition orders served on properties they managed.

An active banning order under Section 16 of the Housing and Planning Act 2016. A banning order is a court-imposed prohibition on a person engaging in letting or property management activities — it is the most severe sanction short of prosecution.

Involvement with properties subject to management orders — if the council previously took control of a property away from the applicant through an interim or final management order, that history counts against them.

Corporate Applicants

When the proposed licence holder is a company, the assessment extends to the company's directors and officers. The application must disclose the company's registered name, Companies House number, registered office, and identify a specific director or named officer. An individual employee cannot be named as the licence holder on behalf of a company — it must be the legal entity or a director.

Non-UK Resident Landlords

For a non-UK applicant, Enfield will only consider the application valid if there is a UK-based managing agent. The agent must sign a declaration agreeing to the conditions and obligations in the licence. The managing agent must also be a member of a government-approved property redress scheme — either The Property Ombudsman or the Property Redress Scheme.

What Happens if the Test Is Failed

The council may refuse the licence. This does not mean the property is exempt from licensing — it still needs one. The practical options are:

• Appoint a different person who passes the test as the proposed licence holder
• Appoint a UK-based managing agent who passes the test as the proposed manager
• If neither is possible, the council may impose a management order, taking control of the property itself

Operating a property that requires a licence while having been refused one is an offence carrying the same penalties as operating without a licence: civil penalties up to £40,000, potential rent repayment orders, and inability to serve possession notices.

The Declaration on the Application Form

The fit and proper person section of the portal requires a statutory declaration from every proposed licence holder and managing agent. Knowingly or recklessly supplying materially false or misleading information to the council is an offence under Section 238 of the Housing Act 2004. If there is anything in your history that falls into the categories above, declare it honestly. A minor historical issue that is disclosed upfront is treated very differently from one discovered during processing.

For the full application process and how the fit and proper test fits into the timeline, see our Enfield Landlord Licensing Guide.

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