Middlesbrough Fit and Proper Person Test for Landlords

Every landlord who applies for a property licence in Middlesbrough — whether selective or mandatory HMO — must pass a fit-and-proper-person assessment. It is not a formality. The council is legally required to evaluate whether the proposed licence holder and any named managing agent are suitable to hold a licence, and a failure means the application is refused.

What the Council Checks

Under Section 66 (for HMOs) and Section 89 (for selective licensing) of the Housing Act 2004, the assessment looks at whether the applicant or manager has:

• Criminal convictions for fraud, dishonesty, violence, drugs, or sexual offences
• Unlawful discrimination on grounds of sex, colour, race, ethnic or national origins, or disability
• Housing law breaches including previous licence condition violations, improvement notice failures, or overcrowding offences
• Adverse findings or Banning Orders under the Housing and Planning Act 2016
• Civil penalties issued by any local authority in England

The check covers the proposed licence holder and any person named as a managing agent on the application. If you name both an owner and a separate manager, both must pass independently.

The £20 Fee

For Newport 2 selective licensing applications, the council charges an additional non-refundable £20 fee per person checked. If both the licence holder and a managing agent are named, that is £40 on top of the base licence fee.

This fee covers the administrative cost of running the assessment. It is separate from the application fee and is not refunded if the application is withdrawn or the assessment fails.

Do You Need a DBS Check?

A basic DBS (Disclosure and Barring Service) certificate is not automatically required for every standard renewal. Middlesbrough Council reserves the right to demand a formal DBS check or self-declaration where prior housing law breaches or relevant criminal convictions are declared.

What Happens If You Fail

If the council determines that the proposed licence holder is not a fit and proper person, the application is refused. The licence will not be granted, and the property cannot be lawfully let in a designated area.

In some cases, the solution is to change the proposed licence holder — for example, appointing a managing agent who does pass the assessment as the primary licence holder. But this requires the agent to have day-to-day control of the property and the authority to collect rent, arrange repairs, and manage tenancies.

A refusal can be appealed to the First-tier Tribunal (Property Chamber — Northern Region) within 28 calendar days of service of the council's Final Notice. The Tribunal can review the council's decision.

Practical Implications

For most small landlords with no criminal record and no history of housing enforcement action, the fit-and-proper assessment is straightforward. The self-declaration in the online portal takes a few minutes. The risk sits with landlords who have prior penalties from other councils, undisclosed convictions, or a track record of licence condition breaches.

Being transparent in the declaration is critical. A disclosed conviction does not automatically mean failure — the council considers the nature, severity, and age of the offence. An undisclosed conviction that the council discovers independently is far more damaging, because it raises questions about honesty as well as the original offence.

For the full application process including the fit-and-proper declaration steps, see our Middlesbrough Landlord Licensing Guide.

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