Hong Kong – Landlord of specified premises convicted of taking barred action against tenant during protection period of rental enforcement moratorium

     A landlord of specified premises, who took barred action during the protection period (i.e. from May 1 to July 31, 2022) specified under the Temporary Protection Measures for Business Tenants (COVID-19 Pandemic) Ordinance against a tenant for failing to pay rent in the relevant period, contravened the Ordinance. The landlord pleaded guilty today (February 27) at the Eastern Magistrates’ Courts. 

     The Rating and Valuation Department received a complaint about the landlord who commenced distress legal proceedings against the property of the tenant during the protection period in respect of the tenant’s failure to pay rent. Upon an in-depth investigation and evidence collection, prosecution was initiated against the landlord suspected of contravening the Ordinance.  

     Against the background of the fifth wave of the COVID-19 epidemic, in relation to a tenancy for specified premises, the Ordinance barred landlords from taking certain specified actions during a three-month protection period against business tenants of specified sectors for failing to pay rent in the relevant period (i.e. from January 1 to July 31, 2022). The protection period ended on August 1, 2022.