Coventry HMO Fit and Proper Person Test: What the Council Checks

What the Test Covers

Every HMO licence applicant in Coventry must pass the fit and proper person test. It applies to both the proposed licence holder and any proposed property manager — and it's not a formality. The council evaluates your background before granting any licence, whether mandatory, additional, or renewal.

The statutory declaration you sign during the application covers four main areas:

Criminal history: unspent convictions involving fraud, dishonesty, violence, drugs, or sexual offences. The key word is "unspent" — spent convictions under the Rehabilitation of Offenders Act 1974 generally don't need declaring, but the relevant rehabilitation periods vary by sentence length.

Housing law enforcement: unspent convictions or civil penalties arising from housing legislation, building regulations, or environmental protection laws. If another council has issued you a civil penalty for an unlicensed HMO, Coventry will know about it.

Discrimination findings: any findings of unlawful discrimination on grounds of sex, colour, race, ethnic or national origins, or disability in connection with your business operations.

Prior licensing failures: any history of operating unlicensed properties, having licences revoked, or being subject to Interim or Final Management Orders anywhere in England or Wales.

Who Takes the Test

The proposed licence holder must pass — that's normally the person who is the "person in control," meaning the freeholder or primary leaseholder who receives the rent. For joint owners, limited companies, partnerships, or trusts, a designated officer or named representative submits to the vetting. The proposed licence holder and manager must have a registered UK address.

If you appoint a property manager who isn't the licence holder, they also need to pass the fit and proper test independently.

What Happens If You Fail

If the council determines that either the proposed licence holder or manager doesn't meet the fit and proper standard, the licence application is refused. There's no partial pass — the entire application fails.

A refusal doesn't mean the property doesn't need a licence. The licensing duty remains, so you'd need to either address the issue (for example, by appointing a different manager who does pass) or face enforcement for operating without a licence.

Refused applicants can appeal to the First-tier Tribunal (Property Chamber) within 28 days of the decision notice. The tribunal conducts a full re-hearing and can overturn the council's decision.

Practical Preparation

Before applying, review the declaration questions honestly. Coventry considers information provided or omitted in the application and relevant historical information it already holds about the premises or people connected with the application. Knowingly or recklessly supplying materially false or misleading information to the council in connection with its Housing Act functions is an offence under section 238 of the Housing Act 2004.

If you have concerns about your history, it may be worth seeking advice before submitting. Coventry does not apply a blanket fit-and-proper rule: it considers each case on its merits, and an active civil penalty from another authority does not automatically determine the outcome.

For the full fit and proper declaration requirements and how they integrate with the Coventry application process, see our Coventry Landlord Licensing Guide.

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