Westminster Fit and Proper Person Test for Landlord Licensing

Every Westminster landlord licence application includes a fit and proper person assessment. It applies to the applicant, the proposed licence holder and any named managing agent — and failing it means the licence is refused, the Part A fee is lost, and you cannot legally let the property.

What the Assessment Covers

Under sections 66 (HMO) and 89 (selective) of the Housing Act 2004, the council evaluates whether any relevant person has:

• Committed offences involving fraud, dishonesty, violence or drugs, or offences listed under Schedule 3 of the Sexual Offences Act 2003
• Practised unlawful discrimination on grounds of sex, colour, race, ethnic or national origins, or disability in connection with any business
• Contravened housing or landlord-and-tenant law, including previous civil penalties, rent repayment orders, or banning orders under the Housing and Planning Act 2016

The assessment is based on a self-declaration that you complete as part of the online application. You answer questions about your background history, and the council cross-references your answers against its own enforcement records and inter-agency intelligence.

Do You Need a DBS Certificate?

Not automatically. A formal Disclosure and Barring Service check is not a standard attachment for every application. However, Westminster reserves the right to request a Basic DBS certificate where your self-declaration, the council's own records, or information from other agencies raises concerns.

If the council does request a DBS check, they will tell you directly. You cannot pre-empt this by uploading one unsolicited — the portal does not have a DBS upload field as standard.

What Happens with Minor or Historical Offences

A past conviction or infringement does not automatically disqualify you. The council evaluates each case individually, weighing the nature of the offence, how long ago it occurred, and its severity.

The council weighs the recency and severity of the conduct when assessing an individual case.

Who Must Be Assessed

The assessment applies to every person named on the application in a responsible role:

• The applicant — whoever submits the form
• The proposed licence holder — the individual or entity named on the formal licence, who must have control of the property and hold a UK address
• The managing agent — if a professional property manager is named on the application

If you are an overseas landlord who has appointed a UK-based licence holder, both you and your UK representative are assessed. False or incomplete information risks refusal and can invalidate the application.

If the Assessment Is Failed

The council refuses the licence. Your Part A fee (£543 for selective, £855 for HMO) is not refunded. The property becomes unlicensed, and you face enforcement for operating without a licence — civil penalties of up to £40,000 and rent repayment orders of up to 24 months' rent for offences committed on or after 1 May 2026. Earlier offences were subject to limits of £30,000 and 12 months' rent.

Your options after refusal are to appoint a different person as licence holder who can pass the test (for instance, a managing agent with a clean record), or to appeal the council's decision to the First-tier Tribunal (Property Chamber) within 28 days.

The Westminster Landlord Licensing Guide includes the full self-declaration checklist and a preparation walkthrough so you know exactly what will be asked before you open the portal.

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