Before granting an HMO licence, we must be satisfied that the proposed licence holder, the manager, and any other person involved in the management of the property are fit and proper to hold such responsibilities. This requirement ensures that those responsible for operating or managing an HMO are suitable, competent, and capable of meeting legal and safety obligations and do not pose a risk to the welfare or safety of the occupants.
If we are not satisfied that the licence holder or manager is fit and proper, we may refuse to issue the licence. If a licence has already been granted, it may be revoked if we later determine that the licence holder or manager no longer meets the fit and proper person criteria.
Which properties this applies to
Any property in Bath and North East Somerset that falls within HMO licensing under Part 2 of the Housing Act 2004.
What factors we consider
When someone applies for an HMO licence, we must check that the licence holder and anyone involved in managing the property are fit and proper persons. This includes landlords, managers, and managing agents.
As part of the application, all relevant parties must provide information about:
- any unspent offences involving fraud, dishonesty, violence, drugs, or any offence listed in Schedule 3 of the Sexual Offences Act 2003.
- any unlawful discrimination based on sex, colour, race, ethnic or national origin, or disability in the course of any business.
- any breaches in housing, environmental health, public health or landlord and tenant law (including any civil proceedings that resulted in a judgement).
- failure to act in accordance with any relevant approved code of practice under section 233.
Additional evidence relating to a person associated with, or previously associated with, the proposed licence holder or manager may also be taken into account when assessing fitness.
All licence holders and managers will be required to complete a fit and proper person declaration and provide a DBS check (dated within 3 years) as part of the application process.
Other things we consider
When assessing any breach of housing legislation, we will also take into account whether the proposed licence holder or manager has:
- been in control of any property subject to a Control Order under S379 of the Housing Act 1985 or Demolition Order in the last 5 years;
- been in control of a property that has been subject to the service of an Improvement Notice, a Prohibition Order, a Hazard Awareness Notice, or Emergency Remedial Action under the Housing Act 2004;
- been refused a licence or had a licence revoked for any property in relation to an HMO under the Housing Act 2004 (includes additional and selective licensing schemes);
- been found to have breached a condition of a licence for an HMO under the Housing Act 2004 (includes additional and selective licensing schemes);
- been in control of any property which has subsequently been the subject of an Interim or Final Management Order or Special Interim Management Order under the Housing Act 2004.
A person cannot be considered fit and proper if they are subject to a banning order under section 16 of the Housing and Planning Act 2016. Where a banning order is in force, the Council must revoke any existing licence.
Important note
Each application will have to be considered on its own merits. Having an unspent conviction does not automatically mean someone will fail the fit and proper person test.
Membership of a government‑approved redress scheme
Since October 2014, all letting agents and property managers in England have been legally required to join a government‑approved redress scheme.
There are two main schemes for the housing sector:
All property managers involved with licensable HMOs are expected to be members of one of these approved schemes.
Anyone who is not a member will not be considered a fit and proper person. It is a legal offence to operate without membership, and this can result in a fine of up to £5,000.
Fit and proper guidance – managing tenant behaviour
As part of the fit and proper assessment, the Council may consider how you manage anti‑social behaviour (ASB) linked to your properties.
You are expected to take reasonable steps to deal with issues such as noise, parties, or incorrect waste disposal. This includes responding to complaints, communicating with tenants, and taking proportionate action to resolve problems.
Where issues continue, you should work with the Council, the Police, or other agencies. A repeated failure to address ASB or to cooperate with authorities may be considered when deciding whether an applicant or manager is fit and proper.