Fit and Proper Person Test and Landlord Accreditation in Stoke-on-Trent

Every HMO licence application in Stoke-on-Trent includes a fit and proper person assessment. The council must be satisfied that whoever holds the licence — and whoever manages the property day-to-day — is suitable to do so. Separately, there is a voluntary accreditation scheme that some landlords pursue. Here is how both work.

The Fit and Proper Person Test

Under Section 66 of the Housing Act 2004, Stoke-on-Trent City Council cannot grant an HMO licence unless the proposed licence holder and property manager pass the fit and proper person test. This is not optional — it is a statutory gateway.

During the online application, you must declare:

• Unspent criminal convictions involving fraud, dishonesty, violence, drugs, or sexual offences
• Unlawful discrimination findings in employment, business, or housing
• Housing law contraventions — any previous breach of landlord and tenant obligations
• Previous licence enforcement action — licences that were varied, suspended, or revoked
• Previous licence refusals or civil penalties issued under the Housing Act 2004

The council does not require a DBS certificate as a standard part of every application, but they reserve the right to request one if background checks raise concerns. If you have an unspent conviction in a relevant category, it does not automatically mean refusal — but the council will weigh the nature, seriousness, and recency of the offence against your suitability to hold a licence.

What About Managing Agents?

If you appoint a managing agent to run the property, the agent must also pass the fit and proper person test. The application form requires their details separately. Appointing an agent does not shift statutory liability away from the property owner — under the Housing Act 2004, enforcement action can be taken against both the licence holder and the manager if conditions are breached.

Shared portal login credentials between landlord and agent are not permitted. The agent must have their own registered permissions on the council's system.

The LASNS Accreditation Scheme

The Landlord Accreditation Scheme North Staffordshire (LASNS) is a voluntary accreditation programme recognised by Stoke-on-Trent City Council. It involves completing a training course and committing to property management standards above the legal minimum.

Accreditation demonstrates to the council that you take management responsibilities seriously, which can work in your favour if your fit and proper person status is borderline — for example, if you have a minor historical compliance issue. It may also be cited as a mitigating factor if the council ever needs to calculate a civil penalty amount.

However, LASNS accreditation does not:

• Exempt you from needing a licence
• Reduce the licence fee (no fee discount is currently published for accredited landlords)
• Guarantee that the licence will be granted
• Replace the statutory fit and proper person test

The HMO Licence Multi-Property Discount

This is sometimes confused with an accreditation benefit, but it is unrelated. The council offers a £50 discount on the total licence fee for second and subsequent HMO applications submitted within three months of the first. This applies to all landlords regardless of accreditation status — it is a volume discount, not an accreditation reward.

What Happens If You Fail the Test?

If the council decides the proposed licence holder is not a fit and proper person, the licence will be refused. You can appeal to the First-tier Tribunal (Property Chamber) within 28 days of the refusal decision. Alternatively, you can propose another person who is appropriate to hold the licence. The council must be satisfied that the proposed holder is the most appropriate person available, typically the person receiving the rack-rent; naming a manager instead does not automatically resolve the issue.

Operating without a licence because you failed the fit and proper test is not a defence — it is still an offence under Section 72(1). The solution is to address the concerns behind the refusal, propose another appropriate licence holder, or reapply when the application can meet the statutory requirements.

The Stoke-on-Trent Landlord Licensing Guide covers the fit and proper person criteria in detail, including how the council weighs different types of convictions and how accreditation fits into the broader compliance framework.

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