Ealing Fit and Proper Person Test for Landlord Licensing

Every licence application in Ealing requires a fit and proper person declaration. It applies to the proposed licence holder, the named property manager, and — if the property is owned by a company — every director and company officer involved in the management of the property. Skip it or get it wrong, and the council can refuse the licence outright.

What the Declaration Covers

Under Sections 66 (HMO) and 89 (selective) of the Housing Act 2004, the council must be satisfied that the proposed licence holder is a fit and proper person to hold a licence and that the proposed management arrangements are satisfactory.

You must declare:

• Unspent criminal convictions involving fraud, dishonesty, violence, drugs or sexual offences
• Housing law violations — previous civil penalties, enforcement notices, prohibition orders or prosecutions under the Housing Act 2004 or related housing legislation
• Court or tribunal judgments under landlord-and-tenant law, including rent repayment orders and breach of licence conditions
• Insolvency history — bankruptcy, individual voluntary arrangements, company insolvency or disqualification as a company director

"Unspent" follows the Rehabilitation of Offenders Act 1974. Spent convictions do not need to be declared. If you are unsure whether a conviction is spent, check against the rehabilitation periods before completing the form.

Who Needs to Complete It

The fit and proper person check applies to:

• The proposed licence holder (the owner or the person receiving the rent)
• The proposed property manager (if different from the licence holder)
• If the licence holder is a limited company: the directors, company secretary and any person involved in the management of the property

Each person named in the application must complete their own declaration. A managing agent cannot declare on behalf of the property owner.

What Happens If There Is a Problem

A relevant declaration does not automatically mean the licence will be refused. The council considers the nature and seriousness of the offence, how long ago it occurred, any evidence of rehabilitation, and whether the person is otherwise suitable to manage residential property.

However, if the council is not satisfied — for example, if the proposed licence holder has recent housing enforcement convictions or a pattern of civil penalties — it can refuse the application or grant a shorter licence (typically 12 months instead of five years) with additional conditions.

If the licence is refused on fit and proper grounds, you can appeal to the First-tier Tribunal (Property Chamber). A refusal means no licence has been granted; check the council's decision and seek qualified housing advice about operating while an appeal is pending.

Overseas and Corporate Owners

Overseas-based property owners must appoint a UK-based managing agent or local representative to act as the named manager and co-licence holder. The council needs someone in the UK who can accept legal service of notices.

For company-owned properties, the company itself is named as the licence holder. You must supply the company registration number, registered address, trading address and details for the responsible director.

The Ealing landlord licensing guide includes the fit and proper person disclosure checklist, with a clear breakdown of what is and is not declarable, and guidance on how the council assesses each category.

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