Hackney Fit and Proper Person Test for Landlords

What the Test Covers

Every person named on a Hackney property licence — both the proposed licence holder and any managing agent — must pass the statutory fit-and-proper person test. The test is set out in sections 66 and 89 of the Housing Act 2004 and applies equally to selective licences and HMO licences.

The council looks at five areas when assessing whether someone is fit and proper to hold a licence:

Criminal offences. Convictions involving fraud, dishonesty, violence, drugs, or sexual offences listed under Schedule 3 of the Sexual Offences Act 2003 are relevant. Evidence of conduct underlying a spent conviction may also be considered in the fit-and-proper assessment.

Unlawful discrimination. Any finding that the person has practised unlawful discrimination on grounds of sex, race, colour, ethnic or national origin, or disability in connection with a business.

Housing law contraventions. Any breach of housing legislation, landlord and tenant law, or local authority enforcement orders. This includes previous civil penalties for unlicensed operation, improvement notice breaches, and HMO management regulation failures.

Banning orders and the rogue landlord database. A banning order under section 16 of the Housing and Planning Act 2016 is a stated reason Hackney may reject an application. Relevant records on the national rogue landlord database may also be considered in the fit-and-proper assessment; a database entry alone is not an automatic refusal.

Previous management orders or licence revocations. If a property you controlled was subject to an interim or final management order, or if a previous licence was revoked because of serious condition breaches, the council will weigh that against your application.

How the Declaration Works

The licensing portal requires you to complete a signed fit-and-proper declaration before submitting the application. This is a formal statement covering criminal history, housing enforcement actions, bankruptcy, and whether any associated person has relevant convictions or banning orders.

The declaration must be completed by every proposed licence holder and every named managing agent. Knowingly or recklessly providing false or misleading information to the council is an offence and can lead to refusal or revocation of a licence.

Overseas Landlords

If you live outside the UK and do not have a registered UK address, you cannot be named as the sole licence holder. You must appoint a UK-based managing agent who will be co-named on the licence, sign the application, and accept legal liability for compliance with all licence conditions. The agent must also pass the fit-and-proper test independently.

What Happens If You Fail

If Hackney Council determines that the proposed licence holder or manager is not fit and proper, it can refuse the licence outright. The Part A application fee is still non-refundable — you lose £555 (selective) or £840 (HMO) with no licence to show for it.

In some cases, the council may propose a shorter licence term (one or two years instead of five) for applicants with a history of minor non-compliance, rather than an outright refusal. You have 28 days from the final decision notice to appeal to the First-tier Tribunal (Property Chamber) if you disagree with the decision.

For the full application walkthrough, including the fit-and-proper declaration, documents checklist, and fee discount stacking, see the Hackney landlord licensing guide.

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