PART 2Licensing of Houses in multiple occupation
Requirement for and issue of licences
I110Fit and proper persons
1
This section sets out the matters which are relevant for deciding whether an owner or managing agent is a fit and proper person for the purposes of this Act.
2
A person who is subject to a disqualification order (see section 38) is not a fit and proper person.
3
In deciding whether any other person (“P”) is a fit and proper person, the council must have regard to—
a
the matters mentioned in subsections (4) to (7), and
b
any other matter which the council considers to be relevant.
4
The council must have regard to whether P has—
a
committed any offence involving—
i
fraud or other dishonesty,
ii
violence,
iii
drugs,
iv
human trafficking, or
v
a firearm (within the meaning of Article 2(2) of the Firearms (Northern Ireland) Order 2004);
b
committed an offence listed in Schedule 3 to the Sexual Offences Act 2003 (offences attracting notification requirements);
c
practised unlawful discrimination in, or in connection with, the carrying on of any business;
d
contravened any provision of the law relating to housing or of landlord and tenant law; or
e
acted otherwise than in accordance with a code of practice approved under section 63.
5
The council must have regard to whether any associate or former associate of P has engaged in any of the conduct mentioned in paragraphs (a) to (e) of subsection (4), if it appears to the council that that conduct is relevant to whether P is a fit and proper person.
6
The council must have regard to—
a
any anti-social behaviour engaged in by P, and
b
P's conduct as regards any anti-social behaviour—
i
engaged in by the occupants of any relevant living accommodation whilst in the accommodation, or
ii
adversely affecting the occupants of any such accommodation.
7
In subsection (6)—
“anti-social behaviour” means—
- i
acting or threatening to act in a manner causing or likely to cause a nuisance or annoyance to a person residing in, visiting or otherwise engaging in a lawful activity in residential premises or in the locality of such premises, or
- ii
using or threatening to use residential premises for illegal purposes;
- i
“relevant living accommodation” means living accommodation of which P is or was the owner or managing agent.
8
If an owner or managing agent is a body (whether incorporated or not), the body is not a fit and proper person if any of the following is not a fit and proper person—
a
a director of the body,
b
a partner of it, or
c
any other person concerned in the management of the body.