Waltham Forest Council
Private Rented Property Licensing (PRPL)
Scheme Requirements
& Property Standards
To reduce anti-social behaviour and improve
the lives of our residents, most private rented
properties require a licence.
walthamforest.gov.uk/prpl
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The Scheme Requirements & Property Standards
Scheme Requirements
Licence Conditions
Under the Housing Act 2004 there are certain conditions that are mandatory in
any licence issued under parts 2 and 3 of the act. Click here to view the
Housing Acts Mandatory Licence Conditions.
Further, the Council, under section 90 of the Housing Act 2004 is able to
include additional conditions. To see a list of the Councils additional conditions
visit PRPL Licence Conditions.
All properties and licence holders must comply with the licence conditions.
Legal obligation to hold a licence
Under the PRPL scheme it is an offence for any applicable privately owned
property to be offered for rent without a licence.
If a property is unlicensed, the landlord / owner or agent cannot serve notice
to their tenants under section 21 of the Housing Act 1988 (for tenancies
created after the1st April 2015)
Landlords could be fined up to £5,000 for every breach of the conditions of
licence, up to a maximum of £20,000. Additional methods may also be
introduced such as:
• a Management Order, to take control of the property from the landlord
• a Rent Repayment Order (RPO) for up to 12 month’s rental income
The Applicant
The application form for a PRPL can be completed by the property owner, the
managing agent or a 3rd party working on behalf of these parties. The person
completing the form is known as the applicant.
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Notification to Interested Parties
Certain parties must be notified in writing that you have made this application
or be provided with a copy of the application. To help you with this a
Notification to Interested Parties form has been provided for your use.
Applicant Declaration
Within the application form the applicant will be asked to declare that:
 Notice has been served to all interested parties that this application has
been made, and that;
 The information contained in this application is correct to the best of
your knowledge
The Licence Holder
The Housing Act 2004 requires that the Council can only grant a licence to the
most appropriate person, and in most circumstances, this would be the owner
of the property or the named landlord on the tenancy agreement.
The licence holder is the person who would usually be in control of the
property and is most likely to be responsible for its management. The licence
holder must be a ‘fit and proper’ person (see below for detailed explanation).
They should be able to authorise, organise and pay for essential repairs to the
property. They must be available to the tenants should questions or problems
arise in respect of the property, and must have the means to resolve them
where reasonably practical.
Only one license holder is required even if the property is owned by more than
one person, e.g. a husband and a wife.
If the proposed licence holder is part of a company, you must provide the
address of the registered office and the names of the company secretary and
directors. If the proposed licence holder is part of a partnership or trust, you
must provide the names of all of the partners and trustees.
You can be a licence holder and live abroad though you will need to satisfy the
Council that you have in place appropriate management of the property.
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When completing the form you will be asked what responsibilities the
proposed licence holder has to the property and tenants. For example; does
the proposed licence holder own the property, manage the property and
collect rent for the property? When answering this question ensure you select
all that apply. For example; if you are the owner of the property and you
manage the property and collect rent yourself, you should select all of those
options.
Fit and Proper Person
Under the Housing Act 2004, the licence holder and the property manager
must be ‘Fit and Proper’ persons in order to undertake the responsibilities of
managing a private rented property.
The Fit and Proper person test applies to any person managing the premises
and any director or partner in a company or organisation which owns or
manages the property. This means having no serious record of poor
management or an outstanding criminal charge that is inconsistent with
operating as a landlord. It helps to confirm that the landlord is both reputable
and capable of following good tenancy management.
Applicants that are not considered to be “fit and proper” persons are unable to
hold a licence. They will be required to take positive action to enable them to
continue renting their properties – such as employing a managing agent.
To assist the Council in making proper assessments of suitability, details about
previous convictions for criminal offences must be disclosed. Similarly, if you
are convicted of any relevant offence(s) during the licence period you must
notify the council immediately.
The Council has to assess whether the proposed licence-holder is a ‘fit and
proper’ person to hold a PRPL. In carrying out this assessment the Council will
have regard to all the circumstances of the application and specifically whether
the proposed licence-holder or anyone associated with them has:
(a) committed any offence involving fraud or other dishonesty, or violence or
drugs, or any offence listed in Schedule 3 to the Sexual Offences Act 2003
(offences attracting notification requirements);
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(b) practised unlawful discrimination on grounds of sex, colour, race, ethnic or
national origins or disability in, or in connection with, the carrying on of any
business; or
(c) contravened any provision of the law relating to housing or of landlord and
tenant law.
Please be advised that if the Proposed Licence Holder or Manager fail the Fit
and Proper Test, your application may be rejected and the licence application
fee will not be refunded.
Spent Convictions
Under the Rehabilitation of Offenders Act 1974 there is no requirement to
provide details about previous convictions which have been ‘spent’. A
conviction becomes ‘spent’ after a certain length of time, which changes
depending upon the sentence and the age of the person at the time of
conviction. The periods are halved if the conviction took place when aged 17 or
less.
Please see table below for time periods regarding spent convictions
Sentence
6 months to 2 years imprisonment
Period of good conduct needed for
conviction to be spent
10 years
Less than 6 months imprisonment
7 years
Borstal training
7 years
A Fine or Community Services Order
5 years
Probation Order Conditional
Discharge, or Bound over
An absolute discharge
1 year
6 months
If a person is sentenced to more than 2 years imprisonment, his/her conviction
can never become ‘spent’.
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If you have any doubts about whether you have to declare a previous
conviction, you should contact your solicitor, probation officer or the Citizens
Advice Bureau.
Transferring Licences
Licences are not transferable. When a property changes ownership or a new
licence holder is sought, the new landlord / licence holder must make an
application for a licence. No reimbursement of the licence fee previously paid
will be made for any unexpired period of the licence and a full fee will be
required from the new applicant.
Variation to a Licence
Where a licence holder wishes to alter the terms of their licence, for example
when there is a change in management details or facilities, they may apply for
a Variation to the Licence. To apply for a variation, send an email to the PRPL
team with full details of the amendment. As appropriate a revised licence will
be issued.
Remember that you cannot transfer a licence between properties and people
and in the event of wanting to change these details; you would need to apply
for a new licence.
Grounds for Licence Refusal
A licence application may be refused for the following reasons
• You have failed to or refused to provide all of the necessary information
to support your application
• The proposed licence holder is not considered the most appropriate
person to be the licence holder
• The proposed licence holder does not meet the criteria for a ‘fit and
proper person’
• The proposed licence holder has failed to demonstrate that they have
the ability to effectively manage the property(s)
• The property does not meet the PRPL Licence Conditions
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Tenant References
For any property let after 1st April 2015, prior to letting the property, the
landlord must obtain a reference from a previous landlord for any new tenants
and must provide a reference to a new landlord for an outgoing tenant.
A house is a very valuable asset and landlords should want to ensure, as far as
possible, that they are passing this asset to a responsible person who will treat
it with care and respect.
This practice is already used by many landlords in Waltham Forest and has
proven to be successful.
We accept, that there are circumstances where this may not be possible i.e.
tenants new to the UK.
Please note that it is not mandatory to supply tenant references at the time of
your application, but that copies of these will be requested when your licence
is subject to audit and compliance.
Tenancy Agreements
For any property let after 1st April 2015, the landlord must provide the
occupiers with a written statement of the terms and conditions on which they
occupy the house (e.g. a tenancy or licence agreement).
Other Licensed Properties
Licence Holders holding licences for private rented properties or HMO’s that
are licensed under the Housing Act 2004, whether in Waltham Forest or any
other area of the UK, need to provide a list of all properties for which a licence
is held. The list must include: the property addresses, the name of the licence
issuing authority and the date of the licence. Click here to see a template for
recording a list of Other Licensed Properties.
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Property Standards
Housing Health and Safety Rating System
The Housing Act 2004 changed the way that local authorities assess housing
conditions. We will now look at the condition of properties using a risk
assessment approach called the Housing Health and Safety Rating System
(HHSRS).
This HHSRS does not set out minimum standards. It is concerned with avoiding
or, at the very least, minimising potential hazards. This means that landlords
should also review conditions regularly to try to see where and how their
properties can be improved and made safer using regular and effective
maintenance, safety checks on gas and electrical installations and timely
repairs. They should also ensure that properties are kept free of hazards that
impact upon the tenants.
The Licensing Team will use this method to determine if a property needs work
in order to bring it up to the required standards. Properties should not have
any Category 1 or significant Category 2 hazards and any properties found with
these will be referred to the Housing Standards team for further action.
A standard condition of any licence is to ensure that the property is adequately
managed and has satisfactory maintenance arrangements, as well as property
and tenancy management procedures.
Gas Safety Certificate
If Gas is supplied to the property, a valid gas safety certificate must be
uploaded with the application and must be in place for the duration of the
licence.
Electrical Safety Certificate
For all electrical installations there must be a valid current Domestic Electrical
Installation Periodic Report
Fire Risk Assessment
A Fire Risk Assessment is a comprehensive evaluation of all fire risks and safety
at the property. It would include details of the persons at risk, potential fire
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hazards, fire prevention and management, fire safety equipment, fire safety
training, means of escape and evaluation of emergency fire procedures.
All properties must be subject to a fire risk assessment this can be carried out
by the landlord, property owner or manager of the property. To assist you in a
Fire Risk Assessment please visit:
https://www.gov.uk/government/publications/fire-safety-risk-assessment-5step-checklist
All fire detection systems, means of escape and fire fighting equipment must
be adequately maintained and tested at least annually, in accordance with the
manufacturer’s guidelines.
Smoke Alarms
Smoke alarms should comply with BS5446 – Part 1 installing a smoke alarm is
easy to do and only takes a few minutes; just follow the manufacturer’s
instructions. Whilst installation is simple, you do need to consider carefully
where they will be sited and it essential to maintain them once they’re
installed. Every year people are killed in fires because their alarms failed to
work due to a flat or missing battery. Please note that it is now a legal
requirement for all tenanted properties to be fitted with smoke alarms.
https://www.gov.uk/government/news/tenants-safer-under-newgovernment-measures
Number of smoke alarms needed
The more alarms there are in the property the safer the tenants will be. Fires
can start anywhere, so the more that are fitted, the higher the level of
protection. If the property is on one level fit an alarm in the hallway between
the living and sleeping areas and one in the living area. If the property has
more than one level fit one alarm at the bottom of the staircase and further
alarms on each landing with an additional alarm in the living area. If the
property has TV’s or other large electrical appliances in bedrooms, you should
also fit a smoke alarm there.
Where to fit alarms
Always put smoke alarms where they will be heard throughout the home,
particularly when occupants are asleep or when doors are closed. Ideal places
are at the top of staircases, on stair landings and between living and sleeping
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areas. Fit alarms on the ceiling, as near as possible to the centre of the room,
hallway or landing. The alarm should be at least 30cm (12 inches) away from
any wall or light. Don’t put a smoke alarm:
• in a kitchen or bathroom where it could be accidentally triggered by cooking
fumes or steam (heat alarms can be used in kitchens)
• where it can’t be heard while the occupants are asleep
• in a garage where it could be triggered by exhaust fumes
• on a wall. Smoke rises straight up towards the ceiling and will set the alarm
off more quickly if the device is fixed to the ceiling – giving more time to
escape
For further advice on the type, number and location of smoke alarms please go
to https://www.gov.uk/firekills
Energy Performance Certificate
For all tenancies issued after 1st October 2008 a valid EPC must be held and
available to new tenants
Habitable Rooms
If there is more than one household living in the property, you are required to
declare the sizes of habitable rooms. This information will be used to calculate
the permitted number of occupants for the property to be licenced. Habitable
rooms include bedrooms, living rooms and dining rooms that are or could be
used for sleeping accommodation. Rooms not considered as habitable include
communal spaces, hallways, bathrooms, kitchens or rooms below 4.6sqm /
50sq ft.
Using the instructions below measure and record the sizes of habitable rooms
and upload this document on the document upload page at the end of your
application. Click here to see a template for recording Habitable Room Sizes.
How to measure the area of a room
Length
Length x Width = Area
Width
Standard (rectangle or square) rooms
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Use a tape measure, pencil and paper to record the length and width of the
room. Once you have these two measurements recorded, multiply them
together to get the total area of the room.
Odd shaped rooms
If a room is not square or rectangular, you can find its area by dividing the
shape into smaller rectangles, calculating their areas, then adding them to find
the total area. There is often more than one way to partition a room into
rectangles; you will arrive at the same final answer no matter how you divide
up the area. For more complex shape rooms please follow the advice on
WikiHow
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