http://www.legislation.gov.uk/ukpga/1993/28/section/87Leasehold Reform, Housing and Urban Development Act 1993An Act to confer rights to collective enfranchisement and lease renewal on tenants of flats; to make further provision with respect to enfranchisement by tenants of houses; to make provision for auditing the management, by landlords or other persons, of residential property and for the approval of codes of practice relating thereto; to amend Parts III and IV of the Landlord and Tenant Act 1987; to confer jurisdiction on leasehold valuation tribunals as respects Crown land; to make provision for rendering void agreements preventing the occupation of leasehold property by persons with mental disorders; to amend Parts II, IV and V of the Housing Act 1985, Schedule 2 to the Housing Associations Act 1985, Parts I and III and sections 248 and 299 of the Housing (Scotland) Act 1987, Part III of the Housing Act 1988, and Part VI of the Local Government and Housing Act 1989; to make provision with respect to certain disposals requiring consent under Part II of the Housing Act 1985, including provision for the payment of a levy; to alter the basis of certain contributions by the Secretary of State under section 569 of that Act; to establish and confer functions on a body to replace the English Industrial Estates Corporation and to be known as the Urban Regeneration Agency; to provide for the designation of certain urban and other areas and to make provision as to the effect of such designation; to amend section 23 of the Land Compensation Act 1961, section 98 of the Local Government, Planning and Land Act 1980 and section 27 of the Housing and Planning Act 1986; to make further provision with respect to urban development corporations and urban development areas; and for connected purposes.1993-07-20texttext/xmlenStatute Law Database2025-05-23Expert Participation2025-05-19 Part I LANDLORD AND TENANTChapter VI MISCELLANEOUS Codes of practice Approval by Secretary of State of codes of management practice.871The Secretary of State may, if he considers it appropriate to do so, by order—aapprove any code of practice—iwhich appears to him to be designed to promote desirable practices in relation to any matter or matters directly or indirectly concerned with the management of residential property by relevant persons; andiiwhich has been submitted to him for his approval;bapprove any modifications of any such code which have been so submitted; orcwithdraw his approval for any such code or modifications.2The Secretary of State shall not approve any such code or any modifications of any such code unless he is satisfied that arrangements have been made for the text of the code or the modifications to be published in such manner as he considers appropriate for bringing the provisions of the code or the modifications to the notice of those likely to be affected by them (which, in the case of modifications of a code, may include publication of a text of the code incorporating the modifications).3The power of the Secretary of State under this section to approve a code of practice which has been submitted to him for his approval includes power to approve a part of any such code; and references in this section to a code of practice may accordingly be read as including a reference to a part of a code of practice.4At any one time there may be two or more codes of practice for the time being approved under this section.5A code of practice approved under this section may make different provision with respect to different cases or descriptions of cases, including different provision for different areas.6Without prejudice to the generality of subsections (1) and (5)—aa code of practice approved under this section may, in relation to any such matter as is referred to in subsection (1), make provision in respect of relevant persons who are under an obligation to discharge any function in connection with that matter as well as in respect of relevant persons who are not under such an obligation; andbany such code may make provision with respect to—ithe resolution of disputes with respect to residential property between relevant persons and the tenants of such property;iicompetitive tendering for works in connection with such property; andiiithe administration of trusts in respect of amounts paid by tenants by way of service charges.7A failure on the part of any person to comply with any provision of a code of practice for the time being approved under this section shall not of itself render him liable to any proceedings; but in any proceedings before a court or tribunal—aany code of practice approved under this section shall be admissible in evidence; andbany provision of any such code which appears to the court or tribunal to be relevant to any question arising in the proceedings shall be taken into account in determining that question.8For the purposes of this section—a“relevant person” means any landlord of residential property or any person who discharges management functions in respect of such property, and for this purpose “management functions” includes functions with respect to the provision of services or the repair, maintenance , improvement or insurance of such property;b“residential property” means any building or part of a building which consists of one or more dwellings let on leases, but references to residential property include—iany garage, outhouse, garden, yard and appurtenances belonging to or usually enjoyed with such dwellings,iiany common parts of any such building or part, andiiiany common facilities which are not within any such building or part; andc“service charge” means an amount payable by a tenant of a dwelling as part of or in addition to the rent—iwhich is payable, directly or indirectly, for services, repairs, maintenance , improvements or insurance or any relevant person’s costs of management, andiithe whole or part of which varies or may vary according to the costs or estimated costs incurred or to be incurred by any relevant person in connection with the matters mentioned in sub-paragraph (i).9This section applies in relation to dwellings let on licences to occupy as it applies in relation to dwellings let on leases, and references in this section to landlords and tenants of residential property accordingly include references to licensors and licensees of such property.Word in s. 87(8)(a) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 9 para. 11(a); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)Word in s. 87(8)(c)(i) inserted (30.9.2003 for E., 30.3.2004 for W.) by Commonhold and Leasehold Reform Act 2002 (c. 15), s. 181(1), Sch. 9 para. 11(b); S.I. 2003/1986, art. 2(c)(i) (with Sch. 2); S.I. 2004/669, art. 2(c)(i) (with Sch. 2)