The legislation requires that before a licence is issued the council must ensure that the person involved in the management of the property is sufficiently competent, is a 'fit and proper person' and that management structures and funding are adequate.
The council will consider a person ‘fit and proper’ if it is satisfied that:
- they do not have any unspent convictions that may be relevant to their role as either licence holder or manager and, in particular, any conviction involving fraud or other dishonesty, or violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003
- they have not been found by a court or tribunal to have 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
- they do not have any unspent conviction in relation to any housing, public health, environmental health or landlord and tenant law; including any civil proceedings in which judgment was made against them
- they have not been in control of a property, which has been subject to a control order under section 379 of the Housing Act 1985 in the last 5 years
- they have not had a licence refused, been convicted of breaching the conditions of a licence under Parts 2 or 3 of the Act; or have acted otherwise than in accordance with a Code of Practice approved under section 233 of the Act that concerns a property in their ownership (whether or not in the council’s district)
- they do not own or have not previously owned property that has been the subject of an interim or final management order or a special interim management order under the Housing Act 2004
- in addition, the council may also take in to account whether any person associated or formerly associated with the applicant or manager has done any of these things, if it considers this information relevant
- they are subject to a banning order under the Housing and Planning Act 2016 (Banning Order Offences) Regulations 2017.