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—

    1. 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

    2. ii

      using or threatening to use residential premises for illegal purposes;

  • “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.