3. Fit and Proper Person
Oldham Council will carry out checks to make sure that the person applying for the licence is a "fit and proper person". In deciding whether someone is "fit and proper" Oldham Council must take into account, amongst other things:
- Any previous convictions relating to violence, sexual offences, drugs and fraud;
- Whether the proposed Licence Holder has broken any laws relating to housing or landlord and tenant issues;
- Whether the person has been found guilty of unlawful discrimination;
- Whether the person has previously managed Houses in Multiple Occupation (HMO) that have broken any approved code of practice.
The Licence Holder must declare to the Council as part of the application process that they are a ‘fit and proper’ person. This includes declaring any cautions issued by the Police or convictions of an offence involving any of the following: - harassment and/or illegal eviction of tenants, assault against another person, crimes of dishonesty, offences relating to drugs, offences under schedule 3 of the Sexual Offenders Act 2003 and any unlawful discrimination on the grounds of sex, colour, race, ethnic origin or disability.
A criminal conviction doesn't necessarily mean that a landlord won't pass the test. The Council will have to look at every case individually and weigh up all the circumstances when making a decision. For example, the Council will have to think about:
- What the conviction was for;
- How long ago it was and whether it is spent or not;
- Whether or not it will affect the person's ability to be a good landlord;
- The risk of the same thing happening again and whether that would affect the person's duties as a Licence Holder.