Lambeth Fit and Proper Person Test: What Landlords Must Declare

Every Lambeth licence application — selective, additional HMO or mandatory HMO — requires the proposed licence holder and the managing agent to pass a fit and proper person assessment. The council cannot grant a licence unless it is satisfied that both people are suitable. The test is a statutory requirement under Sections 66 and 89 of the Housing Act 2004. Knowingly or recklessly supplying materially false or misleading information in connection with the application is an offence under Section 238.

What You Must Declare

The application form includes a series of yes/no declarations. Both the proposed licence holder and the proposed managing agent must confirm whether they have:

Unspent criminal convictions for fraud, dishonesty, violence, drugs or sexual offences. Spent convictions under the Rehabilitation of Offenders Act 1974 do not need to be declared, but unspent ones do — even if they are unrelated to property management.

Findings of unlawful discrimination on grounds of sex, colour, race, ethnic or national origins, or disability. This covers tribunal or court findings, not mere allegations.

Judgments or enforcement actions under housing, environmental health or public health law. If the council or any other local authority has previously taken formal enforcement action against you — improvement notices, prohibition orders, hazard awareness notices — it must be declared.

Involvement with revoked licences, control orders or interim management orders within the previous five years. If you were a director of a company whose licence was revoked, or a manager subject to a management order, this must be disclosed.

Undischarged bankruptcy or corporate insolvency. Financial standing issues that could affect your ability to manage and maintain a rental property.

What the Test Does Not Require

The fit and proper declarations are self-certified. You do not need to submit a DBS check (basic or enhanced) with your initial application.

However, Lambeth reserves the right to request formal Police Act declarations or DBS certificates if fraud or non-compliance is suspected. Applicants who have been the subject of previous enforcement action should expect closer scrutiny.

Limited Companies and Multiple Parties

When a property is owned by a limited company, the company itself is named as the proposed licence holder. A UK-based director must also be listed, and the director's personal fit and proper declarations are assessed alongside the company's compliance history.

If a separate managing agent handles the property day-to-day, that agent also needs to pass the fit and proper test. Both declarations are submitted through the Metastreet portal as part of the same application.

What Happens If You Fail

A failed fit and proper assessment means the council must refuse the licence application. Part A (£717.50 for selective, or the per-room equivalent for HMOs) is non-refundable once processing has begun.

Refusal also creates a licensing gap. If the property requires a licence and the application is refused, the landlord is in the same position as someone who never applied — exposed to civil penalties up to £40,000, rent repayment orders, and the inability to rely on certain possession grounds.

Appeals against licence refusal go to the First-tier Tribunal (Property Chamber) within 21 days of the decision notice.

If you are uncertain whether a past conviction or enforcement action needs to be declared, take advice before submitting the application rather than guessing. Our Lambeth landlord licensing guide covers the fit and proper declarations in detail, including the statutory categories and what counts as spent versus unspent under the rehabilitation framework.

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