Do I Need a DBS Check as a Landlord?
Having a DBS Check performed is not legally required, although some local authorities insist on it for landlords.
For those looking to become landlords, about 1 in 5 local councils in England have licencing requirements. As of 2018, this means that you must first obtain a licence if you wish to start renting out property in any of these locations.
As a private landlord, you may be subject to one of three licencing schemes. Which are:
Mandatory licensing
Additional licensing
Selective licensing
A comprehensive breakdown of each type of scheme can be found here.
These licencing programmes are in place to raise the bar for rental homes and protect tenants. A Basic DBS Check is one of the licencing requirements in many fields where a licence is necessary.
What is a Basic DBS Check?
The lowest level of criminal record checks is called a Basic DBS Check or Basic Disclosure. A Basic Disclosure in England and Wales is a search against the Police National Computer (PNC). Any convictions that are listed as "unspent" in accordance with the Rehabilitation of Offenders Act of 1974 will be visible through this check.
A Basic DBS Check is required as part of the licencing criteria for many different occupations. This includes taxi drivers, individuals with personal licences, and security personnel with SIA (Security Industry Association) registration.
Why do I need a DBS Check?
For licence applications, local authorities want to be sure that people they are licensing are ‘fit and proper.’ This is a legal term that shows up in a lot of sectors where there are tight regulations. For landlords specifically, the licensing authority want to be sure that any potential licence holder has integrity, good character and they do not pose a risk to the welfare or safety of persons occupying a property.
Basic DBS Checks can provide those making the licensing decision with vital information they need to make an assessment on whether someone is fit and proper.
What happens if I have convictions?
Having convictions on your criminal record doesn’t necessarily exclude you from becoming a landlord. It is illegal to discriminate against someone based on past convictions if they are not relevant. However, councils will pay close attention to any unspent convictions:
Relating to fraud or dishonesty,
Relating to violence or drugs or any offence listed in Schedule 3 to the Sexual Offences Act 2003
Relating to unlawful discrimination on any grounds
Relating to any contravention of provisions of the law relating to housing or of landlord and tenant law (this includes any civil proceedings that resulted in a judgement against you).
Where can I complete a Basic DBS Check?
You can apply for a Basic DBS Check directly with the government. But when you complete a DBS application this way, there is very little support available to you. Choosing to do a Basic DBS Check with us means that you have access to dedicated support via both email and phone in case you’re having problems. Our advisors are not only background screening experts, but they also deliver incredible customer service.
Rated ‘Excellent’ on Trustpilot from over 8000 reviews, we pride ourselves on giving you the guidance and expert advice that our customers have become used to over the years. We don’t make promises we can’t keep. We don’t offer impossible services. Our mission is to make getting a DBS Check for yourself as easy as possible.
To complete your DBS application in minutes, click here.