Portsmouth HMO Fit and Proper Person Test

Before Portsmouth City Council will grant an HMO licence, it must be satisfied that both the proposed licence holder and any appointed manager are "fit and proper persons" under Section 66 (mandatory) or Section 88 (additional) of the Housing Act 2004. The applicant makes a statutory declaration, and the council may verify the claims and refuse the licence if concerns arise.

What the Declaration Covers

The applicant signs a declaration confirming that neither they nor any associated manager have:

• Committed offences involving fraud, dishonesty, violence, drugs, human trafficking or firearms
• Committed sexual offences listed in Schedule 3 of the Sexual Offences Act 2003
• Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins, or disability in business
• Contravened housing or landlord-and-tenant law, including unlawful eviction, harassment, or civil penalties served by any local authority (not just Portsmouth)
• Been the subject of adverse findings relating to anti-social behaviour connected with a property they own or manage
• Had a property licence refused or revoked in any local authority area

The declaration applies to the individual applicant, all company directors if the licence holder is a limited company, and any named manager.

What Happens If There Is a Concern

A fit-and-proper concern does not automatically block the licence, but it triggers consequences. The council may limit the licence to a 1-year term regardless of compliance with other tier criteria, impose additional conditions (such as appointing an independent managing agent), or refuse the licence entirely if the concerns are serious enough.

If the council intends to refuse the licence on fit-and-proper grounds, it must issue a Notice of Intention giving the applicant 14 days to make written representations. If the refusal is confirmed, the applicant has 28 days to appeal to the First-tier Tribunal.

Joint Owners and Company Structures

Where a property is jointly owned, all joint owners must be declared on the application. If the licence holder is a limited company, the company's directors and company secretary must be identified. Overseas owners without a UK address typically need to appoint a UK-based manager as a joint licence holder or designated manager, since the council must be able to serve enforcement notices at a UK address.

Preparing Your Application

The most common sticking point is a previous civil penalty or licence condition breach in another local authority area. The declaration requires disclosure of these — not just Portsmouth enforcement actions, but enforcement in any council in England. If you have had a penalty or adverse finding elsewhere, disclose it. The council may discover it through cross-authority information sharing, and a false declaration is worse than an honest one with a prior issue that can be explained.

Our Portsmouth Landlord Licensing Guide walks through the fit-and-proper declaration step by step, including what to do if you have a prior concern that needs explaining.

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