Oxford Landlord Fit and Proper Person Test: What the Council Checks

What the Test Covers

Every property licence application in Oxford — selective, additional HMO, or mandatory HMO — requires the proposed licence holder and any named manager to pass a fit and proper person assessment under Section 66 (HMO) or Section 89 (Selective) of the Housing Act 2004.

The council evaluates self-declarations you make during the application. It's a statutory requirement, not optional paperwork.

The assessment looks at four areas:

1. Criminal convictions: unspent convictions for fraud, dishonesty, violence, drugs, or sexual offences
2. Discrimination findings: adverse judicial or tribunal findings relating to unlawful discrimination in housing or business
3. Housing enforcement history: breaches of housing law, environmental health notices, civil financial penalties, previous licence refusals or revocations
4. Management orders: whether you've controlled or managed properties subject to Interim or Final Management Orders

You must declare these for yourself as the proposed licence holder and for any person you name as the property manager.

How the Declaration Works

The online portal presents a series of yes/no questions covering each area. You complete the declaration under a statement of truth. Both the licence holder and manager complete separate declarations.

The council assesses your answers against relevant information available to it, including its own enforcement history.

A "yes" answer to any declaration question doesn't automatically disqualify you. The council considers the nature, severity, and relevance of the matter, how long ago it occurred, and any mitigating circumstances. A serious or relevant conviction, licence refusal, or financial penalty may affect the decision; a minor isolated contravention may not.

What Happens If You Fail

If the council determines that the proposed licence holder isn't fit and proper, they can't grant the licence. The application is refused, and Stage 1 fees are non-refundable.

For HMO applications, the council may offer the alternative of granting the licence to a different fit and proper person — such as a co-owner or professional managing agent — while imposing additional conditions. For selective licensing, refusal means no licence, and continuing to let the property is a criminal offence.

A refusal can be appealed to the First-tier Tribunal (Property Chamber) within 28 days of the decision notice.

Company Applicants

If the licence holder is a company rather than an individual, the fit and proper assessment applies to the company's directors, company secretary, and anyone involved in the management of the company's housing stock. Each relevant individual completes separate declarations.

A company doesn't shield individual directors from fit and proper scrutiny — the council looks through the corporate structure to the people running it.

Keeping Your Status

Fit and proper status isn't assessed once and forgotten. The council can revisit it at any point during the licence term. If you receive a new conviction, a civil penalty, or an enforcement notice while holding a licence, you're required to notify the council. Failure to disclose a change in fit and proper status is itself a licence breach.

Oxford City Council's progress reports show that 19 selective licence applications were refused because the properties turned out to be unrecognised HMOs. This was a licensing classification issue: the correct HMO scheme had to be identified instead.

Our Oxford Landlord Licensing Guide walks through the fit and proper declarations with explanations of what each question means and how to prepare supporting documentation if you need to disclose a relevant matter.

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