Section 38 — Housing Act 2004: Savings for rights arising from breach of covenant etc.

Savings for rights arising from breach of covenant etc. 38 1 Nothing in this Chapter affects any remedy of an owner for breach of any covenant or contract entered into by a tenant in connection with any premises which are specified premises in relation to an improvement notice or prohibition order.

2 If an owner is obliged to take possession of any premises in order to comply with an improvement notice or prohibition order, the taking of possession does not affect his right to take advantage of any such breach which occurred before he took possession.

3 No action taken under this Chapter affects any remedy available to the tenant of any premises against his landlord (whether at common law or otherwise).