Blackpool Council Fit and Proper Person Test for Landlords
Who Gets Assessed
Every housing licence application in Blackpool names three roles: the freeholder or owner, the proposed licence holder, and the property manager. The fit-and-proper assessment under Section 89 of the Housing Act 2004 applies to both the proposed licence holder and the designated manager. If you're a sole landlord who also manages the property, you're assessed in both capacities.
Joint owners must disclose all interested parties. Corporate applicants need to provide the registered company details plus identification of an appointed individual officer.
What the Council Evaluates
The fit-and-proper declaration covers four main areas:
Unspent criminal convictions — Specifically convictions involving fraud, dishonesty, violence, drugs, or offences listed under Schedule 3 to the Sexual Offences Act 2003. Only unspent convictions under the Rehabilitation of Offenders Act 1974 need to be declared. The council may still consider evidence of the conduct underlying a spent conviction; on appeal, a tribunal may admit evidence of the conviction if it is satisfied that justice cannot be done otherwise.
Unlawful discrimination — Any findings of discrimination on grounds of sex, colour, race, ethnic or national origins, or disability in connection with carrying on any business.
Previous housing enforcement — Civil penalties, prosecutions or licence revocations under the Housing Act 2004 or Housing and Planning Act 2016. If you've had a licence refused or revoked by any council in England, this must be declared even if it was years ago and in a different local authority area.
HHSRS enforcement history — Action taken against you for Housing Health and Safety Rating System Category 1 hazards, improvement notices or prohibition orders. A history of formal enforcement action signals management failures that the council weighs heavily.
How It Works in Practice
The declarations are completed through the self-service portal during the online application. You answer a series of yes/no questions and provide explanatory details where relevant.
The council doesn't just take your word for it. They cross-reference declarations against national databases and housing enforcement records. Knowingly or recklessly supplying false or misleading information to the authority is a separate offence under Section 238 of the Housing Act 2004. If the authority is not satisfied that the proposed licence holder and manager meet the licensing criteria in Section 88, it must refuse the licence.
If one of the named individuals fails the fit-and-proper test, the council won't issue the licence. The application isn't simply amended — you need to nominate a different person as licence holder or manager and submit a fresh application with a new fee.
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What Doesn't Fail You
A clean record is straightforward, but people with minor past issues often worry unnecessarily. Motoring offences, council tax arrears, minor planning breaches and civil disputes with tenants that didn't result in a housing enforcement action are generally outside the scope of the fit-and-proper assessment. The test focuses on the categories listed in Section 89 — not every interaction you've had with any authority.
Having a previous housing enforcement action on record doesn't automatically disqualify you either. The council considers the nature, severity and recency of the action. A single improvement notice from five years ago that was fully complied with is treated differently from a pattern of enforcement failures.
Letting Agents and the Fit-and-Proper Test
If you use a letting agent as the designated property manager on the licence, they also undergo the fit-and-proper assessment. The statutory liability for licensing stays with the person having control of the property — typically the owner — but the named manager must pass independently.
Some landlords assume their agent handles everything, including the licensing. The agent can submit the application on your behalf and act as the designated manager, but the legal duty to ensure the property is licensed falls on you as the person with control. If the agent fails the fit-and-proper test, the licence is refused, and the enforcement consequences land on you.
The Blackpool Landlord Licensing Guide includes the full declaration checklist and guidance on what to disclose, so you can prepare your answers before you start the portal application.
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