Codes of practice for rented housing: HA 1988 s. 137
HA 1988 s. 137 allows the Secretary of State to issue codes of practice for rented housing, giving guidance on good practice for landlords and tenants.
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Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section gives the Secretary of State the power to prepare and publish codes of practice about the management of rented housing and the conduct of landlords and tenants. A code of practice is guidance, not law. It does not impose legal duties but can be used as evidence in court or tribunal proceedings to show what is considered good practice.
The Secretary of State may revise the code from time to time. Before issuing a code, the Secretary of State must consult such bodies as appear appropriate. The code must be laid before Parliament and approved by a resolution of each House.
Once in force, the code is admissible in evidence. If a court or tribunal finds a provision of the code relevant, it must take it into account when deciding a question. The code applies to rented housing generally, including assured tenancies under the Housing Act 1988.
When it applies
- A landlord wants to know the recommended procedure for serving a notice of rent increase.
- A tenant reads the code to understand what standard of repair they can expect.
- A landlord is accused of unfair eviction practices and the code is cited in court.
- A tenant is unsure whether the code requires the landlord to provide written terms.
What this section does not say
- The code does not have the force of law; it is not a regulation or statute.
- It does not cover all types of tenancy, only those within the Housing Act 1988 (e.g., not assured shorthold tenancies).
- It does not replace the specific legal requirements in other sections of the Act (e.g., section 13 for rent increases).
- It does not entitle a tenant to compensation solely because the landlord failed to follow the code.
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This page reproduces the text of HA 1988 s. 137 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.