Haringey Fit and Proper Person Test: What Landlords Must Declare

What the Test Involves

Every licence application in Haringey — selective, additional HMO, or mandatory HMO — requires the proposed licence holder (and any named manager) to pass a Fit and Proper Person assessment under Sections 66 and 89 of the Housing Act 2004. The test determines whether the person applying is suitable to hold a property licence based on their background and conduct.

This isn't a criminal records check in the DBS sense — though the council reserves the right to require one if initial disclosures raise concerns. It's a self-declaration followed by council verification.

What You Must Disclose

The Metastreet portal's Fit and Proper Person section requires answers on the following:

Criminal offences. Convictions or cautions involving fraud, dishonesty, violence, drugs, or sexual offences under the Sexual Offences Act 2003. Spent convictions may still be relevant depending on the offence type and when the Rehabilitation of Offenders Act 1974 exception applies.

Discrimination findings. Any adverse finding of unlawful discrimination on grounds of sex, colour, race, ethnic or national origins, or disability.

Housing law enforcement. Adverse findings, notices, or penalties under housing law, landlord and tenant law, or environmental health standards. This includes improvement notices, prohibition orders, and hazard awareness notices under Part 1 of the Housing Act 2004.

Previous licence history. Whether you or any associated person has managed a property subject to a Control Order, Management Order, or a licence refusal or revocation within the last five years.

Civil penalty notices. Whether you've received any civil penalty notices under the Housing and Planning Act 2016 — which includes penalties for operating unlicensed properties elsewhere.

Associated persons. The declaration extends beyond the applicant. The council considers whether any person associated with the proposed licence holder or manager — such as a business partner, co-director, or company that the applicant is connected to — has a relevant adverse history.

What Disqualifies an Applicant

No single disclosure automatically disqualifies you, but certain combinations make refusal likely:

• A recent conviction for a serious housing offence (overcrowding a property, failing to comply with an improvement notice, harassment or illegal eviction of tenants)
• A pattern of civil penalties across multiple properties or boroughs
• A licence revocation within the last five years
• Failure to disclose something that the council later discovers — this is treated more seriously than the underlying issue, because it suggests the applicant will conceal problems

The council weighs the nature, severity, and recency of each disclosure against the applicant's overall track record. The outcome depends on the relevant facts; a single example does not determine it.

What Happens If You Fail

If the council determines that the proposed licence holder isn't fit and proper, it can refuse the application. Part A fees are non-refundable, and the property still needs a licence — so the applicant needs to find an alternative licence holder (for example, a managing agent who passes the test) and reapply.

The council must follow the statutory notice process before refusing: a Notice of Intent setting out the reasons, a 14-day representation period, and a final decision notice. The applicant can appeal the final decision to the First-tier Tribunal (Property Chamber) within 28 days of the final Notice of Decision.

If You Use a Managing Agent

The proposed licence holder doesn't have to be the property owner — it can be the person managing the property. If an owner's personal history makes it difficult to pass the test, appointing a letting agent as the proposed licence holder (provided the agent passes the test themselves) is a legitimate route.

However, the agent must genuinely have control of the property and be responsible for compliance. The council won't accept a nominal appointment where the owner continues to manage in practice.

Honest Disclosure Is the Safer Strategy

Landlords sometimes underreport on the declaration, hoping that minor issues won't surface. The council verifies the information disclosed and assesses whether the applicant is fit and proper. A non-disclosure discovered after the licence is granted can be grounds for revocation — which puts the landlord back to square one, minus the Part A fee, with the additional stigma of a revoked licence on their record.

The Haringey Landlord Licensing Guide covers the full Fit and Proper Person declaration, explains what each disclosure category means in practice, and walks through the alternative licence holder route.

See more England guides →