The HMO licence holder
The ‘proposed licence holder’ is the person whose name will be on the licence. The proposed licence holder will be the person, in the Local Authority’s opinion, who is the most appropriate person to hold the licence for the property, and this is likely to be the person who ultimately receives the rent for the property (ie the owner).
The licence holder should have adequate financial means to manage the property and undertake their responsibilities as a licence holder. You must be a resident in the UK to be a licence holder.
Luton Council is required to be satisfied that there are satisfactory management arrangements for the property and the person(s) managing the property is/are suitable in accordance with the Housing Action 2004.
Proposed manager
The ‘proposed manager’ is someone with authority to look after the property on a day-to-day basis including, but not limited to, responding to emergencies, arranging repairs and general maintenance. The manager could be an individual or a company, eg a letting agent.
Landlords who manage their properties directly will be both the licence holder and the manager and should apply for a licence in their own right.
The proposed licence holder and the proposed manager must both pass the fit and proper person test.
In some circumstances, it may be appropriate for the owner/landlord to appoint another person or company to be the licence holder, eg where someone who holds a lease from the owner, giving the leaseholder full control of the property, or where the owner is considered to be not a fit and proper person.
Changing the manager of the property
You must inform us if the manager of the property changes and the new manager must pass the fit and proper person test.
Fit and proper person test
During the application process, you will be required to complete a fit and proper person declaration.
It is an offence to give false or misleading information and we may require you to undergo the following checks if we have concerns:
- DBS (Disclosure and Barring Service)
- PNC (Police National Computer)
Declarations of any unspent conviction will not necessarily mean that the applicant is not a ‘fit and proper’ person.
We must be satisfied that the proposed licence holder and the manager (if they are different people) are fit and proper persons to hold a licence or to manage a licensable property.
The test is applied to all of the following:
- the licence holder
- any person managing the property
- any director or partner in a company or organisation which owns or manages the property
You will not be considered a fit and proper person if the licence holder, proposed manager, agent or employee has:
- committed an offence involving fraud or other dishonesty, or violence or drugs or any offence listed under Schedule 3 to the Sexual Offences Act 2003 (section 66(2)(a) of the Housing Act 2004)
- practised 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 (section 66(2)(b) of the Housing Act 2004)
- contravened any provision of the law relating to housing or landlord and tenant law (section 66(2)(c) of the Housing Act 2004)
- acted otherwise than in accordance with a Code of Practice under section 233 of the Act (regarding the management of HMOs) (section 66(2)(d) of the Housing Act 2004)
- failed to comply with any Statutory Notice served in respect of the premises within the timescales specified on that Notice, or such other period as may be determined on appeal of that notice
- a banning order under section 16 of the Housing and Planning Act 2016 is in force against the person (section 66(3)(c) of the Housing Act 2004)
This is not an exhaustive list and wemay take into account other matters, for example where:
- it has been identified that a landlord is or has been in Council Tax arrears
- there is a history of non-compliance withour requirements