Commentary on Sections Part 3 - Selective Licensing of Other Residential Accommodation Section 89: Tests for fitness etc. and satisfactory management arrangements
225.Section 89 sets out the evidence that must be considered in determining whether someone is a fit and proper person to be a licence holder or a manager. These include whether that person (or a relevant associate e.g. a spouse or business partner) has been engaged in offences of fraud, dishonesty, violence, drugs or sexual offences. Spent convictions are not, in this context, taken into account. Evidence of unlawful discrimination in business or contravention of housing law is also relevant.
226.In addition the section sets out the matters to be addressed when considering whether or not the management arrangements for a property are satisfactory (in terms of the competence of the manager, management structure and funding).