The local authority adopted a model registration scheme for houses in multiple occupation (HMOs) under the provisions of the Housing Act 1985, requiring that HMOs be registered with the authority. One of the conditions for registration enabled the authority to refuse a person registration on the basis that they were “not a fit and proper person”. The wording of these conditions was identical to the control provisions contained in the 1985 Act. The landlord applied for registration and was refused on the fit and proper person ground. He was told that if he wanted the house to remain in multiple occupation, he would have to appoint a suitable person to manage and then that person should make a new application on that person’s behalf. The landlord appealed the local authority’s decision.

HELD: The Court of Appeal

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