Brent Fit and Proper Person Test for Landlord Licensing

What the Test Covers

Under sections 66 and 89 of the Housing Act 2004, Brent Council must be satisfied that the proposed licence holder, any managing agent and all associated persons are fit and proper before granting a property licence. The test applies equally to selective, additional HMO and mandatory HMO applications.

During the online portal application, you complete a statutory declaration covering four categories.

Criminal Convictions

The council looks at unspent convictions for:

• Fraud or dishonesty
• Violence
• Drug offences
• Sexual offences

Spent convictions under the Rehabilitation of Offenders Act 1974 are generally not considered. An unspent conviction for these offences is relevant to the assessment, and the council weighs each case individually.

Civil Discrimination Findings

Any court or tribunal finding of unlawful discrimination — on grounds of sex, race, colour, ethnic origin or disability — counts against the applicant. This includes findings from employment tribunals and county courts.

Housing Law Breaches

Previous breaches of housing legislation, public health law, landlord licensing conditions, or planning enforcement action are relevant. So are:

• Previous licence refusals or revocations by any local authority (not just Brent)
• Civil penalties issued under section 249A of the Housing Act 2004
• Rent repayment orders against the applicant

A landlord who has been fined for operating an unlicensed property in another borough can expect closer scrutiny.

Bankruptcy and Insolvency

Undischarged bankruptcy or current corporate insolvency proceedings relevant to housing management are disclosed. The council assesses whether the insolvency history is relevant to housing management.

Who Counts as an "Associated Person"

The test extends beyond the licence holder. Brent Council also assesses:

• Any proposed managing agent
• Company directors and shadow directors if a limited company is the applicant
• Anyone who has a financial interest in the property and is involved in its management

If a director of the licence-holding company has an unspent fraud conviction, the company itself can fail the fit-and-proper test even if the property is well managed.

What Happens If You Fail

The council issues a Notice of Intention to refuse the licence. You have 21 days to submit written representations. If the refusal stands, you can appeal to the First-tier Tribunal (Property Chamber) within 28 days.

In the meantime, the property remains unlicensed, exposing you to civil penalties of up to £40,000 and tenant rent repayment orders. One option if the failure relates to the specific licence holder: appoint a different person or company as the applicant, provided they pass the test themselves.

Shortened Licences

Even where the test is passed, Brent Council may issue a shortened one-year licence instead of the standard five years if there is a history of late applications, sub-standard conditions, management breaches or outstanding planning issues. The fee remains the same — it is not pro-rated.

For a full walkthrough of the application process, including the fit-and-proper declarations, see our Brent Landlord Licensing Guide.

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