Nottingham Fit and Proper Person Test for Landlords

What the Fit and Proper Person Test Actually Checks

Every property licence application in Nottingham — whether selective, additional HMO, or mandatory HMO — requires the proposed licence holder and the proposed manager to satisfy the fit and proper person test under Sections 66 and 89 of the Housing Act 2004. The council cannot grant a licence unless it is satisfied that both individuals are fit and proper to hold or manage it.

Nottingham City Council assesses the following when making that determination:

• Unspent criminal convictions for fraud, dishonesty, violence, sexual offences, or drugs
• Housing law offences — previous civil penalties, prosecutions, or banning orders under the Housing Act 2004 or Housing and Planning Act 2016
• Unlawful discrimination in connection with carrying on a housing business
• Contraventions of housing or landlord-and-tenant law, including licensing and HMO management offences
• Relevant licensing history, including a previous refusal or revocation where it bears on the person's fitness
• Whether the proposed management arrangements are satisfactory — in practice, this means the council checks that whoever is named as manager has the competence and structure to comply with licence conditions

The test is applied to the proposed licence holder and manager for each application. A relevant issue can affect more than one licence held or managed by the same person, but it does not automatically put every licence at risk.

How the Declaration Works on the Portal

The Nottingham City Council online licensing portal requires a self-declaration section as part of every application. The statutory test also allows the council to consider relevant evidence about people associated with the proposed licence holder or manager, such as a spouse or business partner; check the form for whom it asks you to identify.

Nottingham's materials refer to optional Basic DBS evidence rather than an automatic portal check. The council may request further evidence during its assessment. A Basic DBS check costs £20 as of 5 October 2026 and shows only unspent convictions.

Spent convictions under the Rehabilitation of Offenders Act 1974 are not disclosable and are not considered. If your conviction is spent, you do not need to declare it.

What Happens If You Fail the Test

If the council is not satisfied that the proposed licence holder or manager is fit and proper, it cannot grant the licence naming that person in that role. It may:

1. Refuse the licence — the property cannot be lawfully let until a suitable licence holder is found
2. Grant a licence with a different licence holder — if another person (such as a managing agent) can be proposed who satisfies the test
3. Consider revised management arrangements or conditions — where concerns are about management, but conditions or a shorter term do not replace the fit-and-proper requirement

A refusal or restricted grant can be appealed to the First-tier Tribunal (Property Chamber) within 28 days. The tribunal conducts a full re-hearing and can substitute its own decision.

The more common practical problem is not outright failure but delay. Applications where the declaration raises questions — even minor ones — often take longer to process because the council's licensing team needs to investigate.

Preparing Your Declaration

The fastest route through the fit and proper test is a clean, complete declaration submitted on the first attempt. Before starting your portal application:

• Check whether any convictions are spent using the Ministry of Justice calculator on GOV.UK
• Identify any relevant associated people the council asks you to declare, such as a co-owner, business partner, or company director
• If you use a managing agent, get written confirmation from them that their named manager satisfies the test — the council assesses the manager separately, and the licence holder is responsible for nominating a fit person
• Have a Basic DBS certificate ready to upload if your situation is borderline

The Nottingham landlord licensing guide includes a document pre-submission checklist that covers exactly what the fit and proper declaration requires, alongside the safety certificates and floor plans the portal expects at the same time.

Company Landlords and Multiple Directors

Where the licence holder is a limited company, the council assesses the proposed licence holder and may consider relevant evidence about people associated with it, including directors. A director's relevant conviction may be considered if the council views it as relevant, but it does not automatically mean the company fails the test.

For portfolio landlords operating through a limited company, check the licence conditions and the council's variation process when the company's directorship changes. The council can review new information about the licence holder's suitability during the licence term; the assessment is not necessarily a one-off check at application.

Nottingham's enforcement team can revoke an existing licence if new information comes to light showing that the licence holder is no longer fit and proper. Civil penalties of up to £40,000 per offence apply for operating an unlicensed property if a licence is revoked and no replacement is in place.

The complete Nottingham licensing guide walks through the fit and proper declaration step by step, including how to handle agent nominations and company structures.

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