Section 39: Effect of Part 4 enforcement action and redevelopment proposals

Housing Act 2004 · 2004 c. 34View on legislation.gov.uk

Part 1: Housing conditions — Chapter 2: Improvement notices, prohibition orders and hazard awareness notices

Subsection (2) applies if—

an improvement notice or prohibition order has been served or made under this Chapter, and
a management order under Chapter 1 or 2 of Part 4 comes into force in relation to the specified premises.

The improvement notice or prohibition order—

if operative at the time when the management order comes into force, ceases to have effect at that time, and
otherwise is to be treated as from that time as if it had not been served or made.

Subsection (2)(a) does not affect any right acquired or liability (civil or criminal) incurred before the improvement notice or prohibition order ceases to have effect.

Subsection (5) applies where, under section 308 of the Housing Act 1985 (c. 68) (owner's re-development proposals), the local housing authority have approved proposals for the re-development of land.

No action is to be taken under this Chapter in relation to the land if, and so long as, the re-development is being proceeded with (subject to any variation or extension approved by the authority)—

in accordance with the proposals; and
within the time limits specified by the local housing authority.

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