Commentary on Sections Part 2: Licensing of Houses in Multiple Occupation Section 10: Fit and proper persons
Section 10 specifies matters to which the council shall have regard (in addition to other things it may consider) when deciding whether an applicant, or an applicant’s agent, is a fit and proper person. A person who is disqualified under section 38 cannot be regarded as a fit and proper person. In any case, the council must consider specified matters: whether the person has committed certain types of offence, practiced unlawful discrimination or contravened housing law or landlord and tenant law; actions or failures to act in relation to antisocial behaviour (within the curtilage of the property); affecting a house let by the applicant or for which the applicant was an agent and other material considered by the local authority to be relevant.