Manchester Fit and Proper Person Test for Landlord Licences

What Is the Fit and Proper Person Test?

Every landlord licence application in Manchester — whether selective or mandatory HMO — requires the proposed licence holder and the proposed property manager to pass a fit and proper person assessment. This is not optional. Sections 66 and 89 of the Housing Act 2004 impose a statutory duty on Manchester City Council to evaluate whether you are a suitable person to hold a licence before they can grant one.

The test applies to whoever is named as the licence holder (usually the property owner or the company that owns the freehold) and, separately, to whoever is named as the day-to-day manager. If you use a letting agent as your manager, they go through the same assessment.

What Does the Council Check?

Manchester City Council examines whether you have:

• Criminal convictions involving fraud, dishonesty, violence, drugs, or sexual offences under the Sexual Offences Act 2003
• Unlawful discrimination on grounds of sex, race, colour, ethnic or national origins, or disability
• Housing law contraventions — breaches of landlord and tenant law, public health law, or previous Housing Act enforcement action against you
• Civil penalties or banning orders — any financial penalties issued under the Housing Act 2004 by any council, not just Manchester
• Previous licensing history — revoked licences, refused applications, or management orders made against properties you controlled

You sign a statutory declaration on the council's online portal confirming your history across these categories. Under section 238 of the Housing Act 2004, supplying materially false or misleading information to the council is an offence if you know it is false or are reckless about whether it is false.

Does the Council Require a DBS Check?

Manchester City Council does not require a formal Disclosure and Barring Service certificate as a standard submission item for every application. However, the council reserves the right to request a Basic DBS disclosure if concerns arise about your background or compliance history. If the council asks for one, confirm directly with the licensing team what information it requires and how not providing it would affect the application.

What Happens If You Fail?

If the council decides you are not a fit and proper person, they will first try to agree on an alternative licence holder or manager. For example, if a managing agent with a clean record can be nominated, the licence might still be granted with that agent as the responsible person.

If no suitable alternative is available, the council must refuse the licence application. A refusal does not just block you from that property — it can trigger an Interim Management Order under Section 102, transferring management of the property to the council for up to 12 months. In serious cases, the council can apply for a Final Management Order lasting up to five years.

You can normally appeal a refusal to the First-tier Tribunal (Property Chamber) within 28 days of the date specified in the council's written decision notice. The tribunal may allow a late appeal if it is satisfied there was a good reason for missing the deadline.

Company Applicants

If a limited company or LLP owns the property, the company itself can be named as the licence holder. But the fit and proper assessment still applies — the council evaluates the company's directors and officers, not just the corporate entity. A designated corporate officer or accredited managing agent must also be nominated as the local managing contact, operating within reasonable proximity to Manchester for emergency repairs.

The Landlord Licensing in Manchester guide covers the full fit and proper declaration process and what to prepare before you start the application.

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