Fit and Proper Person Criteria

Under the Housing Act 2004, licence holders and managers must be 'fit and proper' persons in order to undertake the responsibilities of managing a private rented property. We have to assess whether proposed licence holders are 'fit and proper' persons to hold a landlord licence.

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 the landlord is both reputable and capable of following good tenancy management.

We will carry out checks to make sure that the person applying for the licence is a 'fit and proper' person. In deciding whether someone is 'fit and proper' we must take in to account, amongst other things:

• any previous convictions relating to violence, sexual offences, drugs or fraud
• whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues
• whether the person has been found guilty of unlawful discrimination
• whether the person has previously managed Houses in Multiple Occupation (HMO) that have broken any approved code of conduct

The Licence Holder must declare to us as part of the application process that they are a 'fit and proper' person. This includes declaring any cautions issued by the Police or convictions of an offence involving any of the following: harassment or illegal eviction of tenants, assault against another person, crimes of dishonesty, offences relating to drugs, offences under schedule 3 of the Sexual Offenders Act 2003 and any unlawful discrimination on the grounds of sex, colour, race, ethnic origin or disability.

A criminal conviction doesn't necessarily mean that a landlord won't pass the test. We will have to look at every case individually and weigh up all the circumstances when making a decision. For example, we will have to think about:

• what the conviction was for
• how long ago it was and whether it is spent or not
• where or not it will affect the person's ability to be a good landlord
• the risk of the same thing happening again and whether that would affect the person's duties as a Licence Holder

If the Licence Holder or manager fails the fit and proper test, your application may be rejected and the licence application fee will not be refunded.