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Question Title: Fit and proper person

Question:
428
How and on what grounds will the council decide who is a ‘fit and proper person’?
Answer:

The application form will ask you about details of :

  • Any unspent convictions you may have for  offences involving fraud or other dishonesty, or violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003
  • Any unlawful discrimination on grounds of sex, colour, race, ethnic or national origins or disability in, or in connection with, the carrying on of any business
  • Any contravention of any provision of the law relating to housing or of landlord and tenant law; this will include any civil proceedings that resulted in a judgement against you.

If you do not declare unspent convictions you will be committing a criminal offence and will be subject to a fine of up to £5000.  There is also every likelihood that, when this comes to light, your licence will be denied or revoked. Simply because someone has an unspent conviction for one of these offence does not mean that they will automatically be denied a licence.  Each application will have to be considered on its own merits and the circumstances of an offence and its relevance to the licence application should be taken into account.  But your local housing authority can advise you if you are unsure about whether someone would be considered fit and proper to hold a licence or manage a property.

References: Pages: Hyperlinks:
Letting Update Journal July 2005 p14 letting-update-journal.html
Letting Handbook Chapter 16 letting-handbook-and-factsheets.html
Letting Factsheet No 40 factsheet-40

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