Peterborough Fit and Proper Person Test for Landlords

What the Test Is

Every applicant for a property licence in Peterborough — whether selective, additional HMO, or mandatory HMO — must complete a fit and proper person assessment. This isn't a separate exam or interview. The declaration is assessed by Peterborough City Council as part of the licence decision; selective and additional HMO applications go through Home Safe, while mandatory HMO applications use the Council's online HMO Licence Application.

The test evaluates whether the proposed licence holder (and any person involved in the management of the property) is a suitable person to hold a licence and manage a residential letting.

Who Gets Assessed

The fit and proper test applies to:

• The proposed licence holder — the individual or corporate entity named on the licence. For selective and additional HMO applications through Home Safe, this person must be a UK resident. The holder must be the most appropriate person to manage the property, with authority to collect rent, manage tenancies, access the property, and authorise maintenance spending.
• Any managing officer or person involved in management — if a company holds the licence, directors and company secretaries are assessed. If a managing agent acts on behalf of the owner, they're assessed too.

For overseas property owners applying through Home Safe, the appointed UK-based licence holder undergoes the fit and proper assessment and takes on legal responsibility for the licence conditions. The Council's mandatory HMO application page says the applicant must nominate a person or company with sufficient financial control as licence holder.

What's Checked

The declaration covers unspent criminal convictions in specific categories:

• Housing offences — previous convictions under the Housing Act 2004 (including operating without a licence, breaching licence conditions), housing fraud, or any offence involving illegal eviction or harassment of occupiers
• Fraud and dishonesty — convictions for fraud, deception, or financial crimes
• Violence — convictions for offences involving violence against persons
• Drug trafficking — convictions for drug-related offences
• Unlawful discrimination — convictions under equality legislation
• Sexual offences — offences listed under Schedule 3 of the Sexual Offences Act 2003

The assessment looks at unspent convictions under the Rehabilitation of Offenders Act 1974. Spent convictions don't need to be declared for this purpose.

The Council also considers whether the person has been involved in any unlawful discrimination in connection with housing, and whether they've contravened any housing or landlord-and-tenant law.

What Happens If You Fail

If the Council determines that the proposed licence holder is not a fit and proper person, it must refuse the licence application. The property can't be licensed under that person's name.

Options at that point:

• A different person can be proposed as the licence holder — someone who does pass the test. For a Home Safe application, this may mean appointing a UK-resident managing agent.
• You can make written representations within 28 days of the Council's Notice of Intent to refuse, setting out why you believe you should be considered fit and proper.
• If the Final Notice confirms refusal, you can appeal to the First-tier Tribunal (Property Chamber) within 28 days.

Failing the fit and proper test at one council doesn't automatically bar you elsewhere, but the information can be shared between local authorities, and a housing conviction in one area will show up in declarations for any future application.

Civil Penalties and Your Fit and Proper Status

Receiving a civil penalty for a housing offence doesn't count as a criminal conviction, so it doesn't directly trigger a fit and proper failure on the criminal convictions question. However, the Council considers the person's overall conduct and compliance history when making the assessment. A record of civil penalties signals a pattern of non-compliance that the Council can weigh against you.

Preparing for the Declaration

Before starting your application, review your history against the declaration categories. If you have unspent convictions in any listed category, take legal advice on how they affect your application before submitting. If you later find an error or omission, contact the Council promptly about correcting the information.

The Peterborough Landlord Licensing Guide covers the fit and proper declaration as part of the application walkthrough, including what documentation to prepare alongside the declaration.

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