Croydon Landlord Fit and Proper Person Test: What the Council Checks

What the Test Is

Under Sections 66 and 89 of the Housing Act 2004, the council must be satisfied that both the proposed licence holder and the proposed manager are "fit and proper persons" before granting a property licence. This applies to every licensing route in Croydon — selective, additional HMO, and mandatory HMO.

The assessment is not a background check the council runs independently. You complete statutory self-declarations within the Metastreet portal application, and the council evaluates your answers.

What You Must Declare

The fit-and-proper-person declarations ask about unspent convictions and conduct in four categories:

Fraud, dishonesty, violence, or drugs. Any unspent conviction involving fraud, dishonesty, violent offences, or drug distribution must be disclosed.

Sexual offences. Offences listed under Schedule 3 of the Sexual Offences Act 2003 must be declared.

Unlawful discrimination. Any findings of unlawful discrimination in business conduct on grounds of sex, race, disability, or religion.

Housing law breaches. Unspent convictions or civil penalties for unlawful eviction, tenant harassment, failure to comply with Housing Act notices, or historical licensing offences.

The Croydon declarations identify unspent convictions and housing-law conduct; follow the portal's wording when completing the application.

Who Is Assessed

The assessment covers:

• The proposed licence holder — usually the freeholder or primary leaseholder receiving the rent
• The proposed manager — the person responsible for day-to-day management of the property
• Any person associated or formerly associated with the proposed holder or manager who is involved in the management of the property

If the licence holder is a company, the assessment extends to the directors and any individual with a controlling interest.

What Happens If You Fail

If the council proposes to refuse the licence, it issues a Notice of Intention to Refuse and allows a 14-day representation period before making its decision. A final refusal can be appealed to the First-tier Tribunal.

A proposed licence holder or manager must satisfy the council's fit-and-proper assessment. If the council raises a concern, respond through the representation process before it makes its decision.

Accreditation as Supporting Evidence

LLAS accreditation or membership of the National Residential Landlords Association (NRLA) or UK Association of Letting Agents (UKALA) provides evidence of property management competence. While it is not a substitute for a fit-and-proper-person assessment, it qualifies for a £100 fee discount on discretionary licences. Certain memberships, including ARLA, RICS, and Safeagent, may also qualify.

Being Honest

Attempting to conceal relevant convictions or housing law breaches is far worse than disclosing them. The council cross-references declarations against enforcement records, and providing false information on a licence application is itself a criminal offence. A historic civil penalty or minor housing breach does not automatically disqualify you — it is a factor the council weighs alongside the overall application.

For a full guide to the licence application process, including the fit-and-proper declarations, see our Croydon Landlord Licensing Guide.

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