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Frequently Asked Questions

“Specified Premises”

1. Which types of premises are protected by the Ordinance?
2. How can a tenant prove that the leased premises are used as “specified premises” under the Ordinance?
3. How to ascertain whether premises are used “primarily” as “specified premises”?

Contracting Out by means of Agreement between Landlord and Tenant

4. How can a landlord and a tenant reach an agreement to the effect that the Ordinance shall cease to apply in relation to the tenancy?
5. What is “protection period”?

Protections to Tenants

6. How would the Ordinance protect the tenants of “specified premises”?
7. If a tenant is in breach of other clauses in the tenancy agreement, can the landlord take action in accordance with the tenancy agreement?
8. Can a landlord recover from the guarantor or surety of the rent which a tenant fails to pay in accordance with the tenancy during the protection period?

Rent as prescribed under the Tenancy

9. Is the rental enforcement moratorium applicable to the other outgoings payable by the tenant, for example, management fee, rates or other outgoings, which do not form part of the rent payable under the relevant tenancy?
10. Is the Ordinance applicable to a sub-tenancy or a lease entered into orally?
11. Is the landlord barred from taking, or continuing to take, any legal action in respect of the tenant’s failure to pay the rent before 1 January 2022?
12. When would a landlord resume the right to take the action(s) barred by the Ordinance?

Protection to Landlords

13. How does the Ordinance protect landlords?
14. What is “affected period”? How is it different from “protection period”?
15. What kind of actions are lenders barred from taking under the Ordinance?
16. Can lenders take legal actions during the “affected period” against relevant landlords’ loan repayments due before 1 January 2022 that remained in arrears?


17. What is the penalty if the landlord takes or continues to take any action(s) in contravention of the Ordinance?

Lodging a Complaint in relation to the Violation of the Ordinance

18. Regarding the landlord of the “specified premises” taking action(s) which is/are barred by the Ordinance during the “protection period”, which government department should the tenant report to?
19. How can landlords lodge complaints if they consider that their lenders have breached the Ordinance in taking recovery actions for defaulted loan repayment?

Other Support Measures for Tenants / Landlords

20. Can corporate landlords continue to take part in the banking sector Pre-approved Principal Payment Holiday Scheme (PPPHS)?
21. Are there any relief measures available to landlords who are not covered by the PPPHS?