Find out about Fit and Proper person requirements for an HMO .
The council checks if landlords and managers of HMOs are responsible and trustworthy. This is called being "fit and proper."
If someone fails the check, they may not get a licence, or their licence could be taken away.
The council needs to check if the plans for managing the house are good. They will look at:
The council will check if a person is good enough to help manage the property. They will look at the person's past experience with managing HMOs, how hard the management tasks will be, and the plans for managing the property.
Also, we must check if a person has:
If someone linked to the applicant has committed crimes, this may be used as proof. It helps decide if the licence holder or manager is suitable.
A person will not be considered fit and proper if a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person. The council must revoke a licence if a banning order is in place.
You will be required to complete a fit and proper person declaration within the application form.
A banning order is a rule that stops a landlord or property manager from renting out homes. It happens if they commit serious crimes, like not getting the right licenses for HMOs or breaking the rules of their current licenses.
Certain crimes can lead to a banning order, as explained in the Housing and Planning Act 2016. But committing these crimes doesn't always mean there will be a banning order.
If someone has a banning order, they are not seen as "fit and proper" under the Housing and Planning Act 2016.
We might ask for a simple criminal record check. This is for the license holder and everyone managing the property. The check must be from the last 6 months. You can get this from the Disclosure and Barring Service (DBS).
A basic DBS check shows if the person has any criminal convictions. It helps the council decide if they are fit and proper. Only unspent convictions will be looked at.
You only need to get a DBS check if we ask for it.
If found unfit, the status typically lasts for five years.
If you apply again during this time, we will look at any new evidence to reconsider your application.
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