Section 39 — Housing Act 2004: Effect of Part 4 enforcement action and redevelopment proposals

Effect of Part 4 enforcement action and redevelopment proposals 39 1 Subsection (2) applies if—

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

2 The improvement notice or prohibition order—

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

3 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.

4 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.

5 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)—

a in accordance with the proposals;

and b within the time limits specified by the local housing authority.