Gateshead Fit and Proper Person Test for Landlords: What You Need to Declare

Every property licence application in Gateshead requires a fit-and-proper person declaration. The council must be satisfied that the proposed licence holder — and anyone involved in managing the property — is a fit and proper person before granting a licence. This is a statutory requirement under Sections 66 and 89 of the Housing Act 2004, not a discretionary check.

What You Declare

The application includes a self-declaration covering whether you or any business associate have:

• Unspent criminal convictions for fraud, dishonesty, violence, assault or drug offences
• Convictions under Schedule 3 of the Sexual Offences Act 2003
• Court or tribunal findings of unlawful discrimination on grounds of sex, colour, race, ethnic origin or disability
• Prior judgments or enforcement actions under housing legislation, including unlawful eviction, tenant harassment or operating unlicensed properties
• Involvement with a previously revoked or refused licence at any local authority

The declaration covers the applicant personally plus any person associated with the management of the property. If you use a managing agent, the agent must also pass the fit-and-proper test.

What Happens If You Have a Conviction

An unspent conviction does not automatically disqualify you. The council weighs the nature of the offence, how long ago it occurred and whether it is relevant to property management. A spent conviction under the Rehabilitation of Offenders Act 1974 does not need to be declared.

Convictions for housing offences carry more weight than unrelated matters. A prior civil penalty for letting without a licence, for example, goes directly to whether you can be trusted to comply with licensing conditions.

Failing to disclose a relevant conviction is itself an offence under Section 238 of the Housing Act 2004 — providing false or misleading information in connection with a licence application.

Annual Self-Declarations

The fit-and-proper obligation does not end at the point of application. Licence holders in Gateshead must submit annual self-declarations confirming their ongoing compliance throughout the five-year licence term. If your circumstances change — a new conviction, a relevant enforcement action — you must notify the council.

Who Can Be the Licence Holder

The licence holder must be the person or legal entity in ultimate operational control of the property. That is typically the freeholder, the leaseholder, or an accredited managing agent who collects rent and manages the tenancy. Licences are granted to named individuals or corporate entities and are non-transferable between people or properties.

You cannot appoint a phantom licence holder — someone who has no real connection to the property's management — to pass the test. The council cross-checks the declared licence holder against the actual management arrangements.

When the Council Refuses

If the council decides the proposed licence holder is not fit and proper, it refuses the licence application. The Part A fee (£510–£659.80) is not refunded on a refused application. You would need to propose an alternative licence holder (for example, appointing an accredited managing agent) and submit a fresh application with a new Part A fee.

For the full fit-and-proper criteria, the annual declaration schedule and guidance on what to do if your circumstances change, see the Gateshead Landlord Licensing Guide.

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