The fit and proper person test for HMO and licence holders

Before granting an HMO or selective licence, councils must be satisfied the applicant, or any person managing the property, is fit and proper.

5 min read · Updated 2 August 2026

Overview

Before granting an HMO or selective licence, councils must be satisfied the applicant, or any person managing the property, is fit and proper.

What is assessed

Relevant unspent convictions, breaches of housing or landlord law, discrimination findings, and general competence to manage the property.

Who is checked

The licence holder and any person involved in managing the property day to day, including a letting or managing agent.

Providing evidence

Be ready to disclose relevant history honestly; councils can refuse or revoke a licence where information is withheld or misleading.

Ongoing conduct

The test is not a one-off hurdle. Serious breaches during the licence period can lead to revocation or refusal of future applications.

Frequently asked questions

What does the fit and proper person test look at?

Relevant convictions, housing-law breaches, unlawful discrimination, and whether the person has the competence and resources to manage the property.

Can an agent be the licence holder?

Yes, if the agent is the person managing or in control of the property and passes the test — but the landlord still carries duties for the condition of the property.

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This guide is general information for UK landlords and letting agents, not legal advice. Rules differ across England, Wales, Scotland and Northern Ireland — check your local requirements or take advice before acting.