Fit and proper person requirements
A Fit and Proper Person submission must be provided with the application, and there is a requirement for a minimum disclosure certificate (Disclosure Scotland Service).
In deciding whether the proposed licence holder or proposed manager is a fit and proper person, the Council must take into account circumstances which may compromise the welfare of the tenants and the good management of the property. It must consider, amongst other things:
- Any previous convictions relating to violence, sexual offences, drugs, fraud, or other dishonesty
- Whether the person has broken laws relating to housing or landlord and tenant issues
- Whether the person has been found guilty of unlawful discrimination in connection with the running of a business
- Whether the person has previously managed HMOs and has infringed any Approved Code of Practice or been refused a licence
To enable the Council to determine whether the proposed licence holder or manager is a suitable person, the applicant(s) must:
- Provide evidence that the intended licence holder/manager has no unspent criminal convictions relevant to the above clauses. Evidence provided in a basic disclosure from Disclosure Scotland Service will satisfy this requirement. Applications for this information can be obtained online at https://www.gov.uk/disclosure-barring-service-check/overview or by calling 0870 609 6006 for further information.
- Make a declaration regarding the other issues detailed on the application form regarding suitability to properly manage the HMO. This includes whether there have been any County Court judgments made relating to tenancy issues.
- Indicate whether it has been necessary for this or any other local authority to take action for failure to comply with any relevant housing legislation or Approved Codes of Practice, or issue an HMO Control Order or Interim or Final Management Order in respect of properties owned or managed by the applicant.
- Disclose information which may show that any person associated or formerly associated with the intended licence holder has done any of the above things, as this evidence must be considered in assessing the applicant’s suitability.