Wandsworth Fit and Proper Test: What Landlords Need to Declare

What the Test Is

Every Wandsworth property licence application requires the proposed licence holder and managing agent to pass a fit-and-proper person assessment. This is a statutory requirement under Sections 66 and 89 of the Housing Act 2004 — the council cannot waive it.

The test evaluates whether you are a suitable person to hold a property licence. It applies equally to experienced portfolio landlords, accidental landlords who inherited a single flat, and letting agents nominated to manage on your behalf.

What You Must Declare

The fit-and-proper declarations cover four areas:

Criminal history. Offences involving fraud, dishonesty, violence, drugs, or sexual offences. Spent convictions excepted under the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 may still be considered for licensing purposes.

Housing enforcement. Any previous housing enforcement notices, improvement notices, prohibition orders, or civil penalties served against you in connection with any property — not just properties in Wandsworth.

Discrimination. Any findings of unlawful discrimination in housing or business by a court or tribunal.

Insolvency. Bankruptcy, individual voluntary arrangements, or (for corporate applicants) company insolvency proceedings, administration, or winding-up orders.

Every named individual on the application must complete these declarations. For corporate licence holders, that includes the company's directors and anyone else identified as involved in managing the property.

How the Council Assesses It

Wandsworth evaluates whether the individual or entity has a track record that makes them unsuitable to hold a licence. A single minor spent conviction doesn't automatically fail the test — the council considers the nature and severity of offences, how long ago they occurred, and whether there's a pattern.

What's more likely to cause a refusal:

• Recent housing-related convictions (operating unlicensed properties, serious health and safety breaches)
• A history of multiple civil penalties from any council
• Outstanding enforcement notices on other properties you own
• Findings of discrimination against tenants

The council can also fail the test if you don't have satisfactory management arrangements — meaning you need to demonstrate that whoever manages the property day-to-day is competent and reachable.

Accidental Landlords and Self-Managing Owners

If you're an accidental landlord — someone who ended up renting out a property through inheritance, relocation, or relationship changes rather than deliberate investment — the fit-and-proper test still applies in full. There's no simplified version for small-scale or first-time landlords.

The good news is that the test focuses on relevant conduct, not landlord experience. A clean record on the issues listed above does not guarantee approval: the council also considers other relevant disclosures and whether satisfactory management arrangements are in place.

For self-managing landlords, the main practical consideration is that you're likely listed as both the licence holder and the managing agent. That means the council assesses your fitness in both roles. You need to demonstrate that you can be contacted by the council and by tenants, and that you maintain the property to the required standards.

What If the Test Is Failed

If the council determines that the proposed licence holder isn't a fit and proper person, the licence will be refused. You can nominate a different person as licence holder — for example, a family member or professional managing agent who passes the assessment — but the property owner still bears statutory liability under the Housing Act 2004.

If you disagree with a refusal, you have 28 calendar days from the Notice of Decision to appeal to the First-tier Tribunal (Property Chamber).

Ongoing Obligations

The fit-and-proper assessment isn't a one-time check. If your circumstances change during the licence term — a new conviction, enforcement notice, or insolvency event — you're expected to notify Wandsworth Housing Services. Material changes can trigger a licence review.

The Wandsworth Landlord Licensing guide covers the complete application process, including the exact declarations required and how to document your management arrangements for the portal submission.

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