§ 19G — Moratorium on rent recovery

19G.—(1) Despite any law or anything in any lease agreement in a PTO chain for a prescribed property, a PTO’s landlord or a prescribed landlord in the PTO chain (called in this section the applicable landlord) may not take any of the actions described in subsection (2) in respect of the applicable landlord’s tenant during the moratorium period described in subsection (3) in relation to the non-payment of rent under the lease agreement between the applicable landlord and the tenant.(2) The actions mentioned in subsection (1) are —(a)

the commencement or continuation of an action in a court against the tenant or the tenant’s guarantor or surety;

(b)

the commencement or continuation of arbitral proceedings under the Arbitration Act (Cap. 10) against the tenant or the tenant’s guarantor or surety;

(c)

the making of an application under section 210(1) of the Companies Act (Cap. 50) for a meeting of creditors to be summoned to approve a compromise or an arrangement in relation to the tenant or the tenant’s guarantor or surety;

(d)

the making of an application for a judicial management order in relation to the tenant or the tenant’s guarantor or surety;

(e)

the making of an application for the winding up of the tenant or the tenant’s guarantor or surety;

(f)

the making of a bankruptcy application against the tenant or the tenant’s guarantor or surety;

(g)

the appointment of a receiver or manager over any property or undertaking of the tenant or the tenant’s guarantor or surety;

(h)

the commencement or levying of execution, distress or other legal process against any property of the tenant or the tenant’s guarantor or surety;

(i)

the termination of the lease agreement;

(j)

the exercise of a right of re-entry or forfeiture under the lease agreement, or the exercise of any other right that has a similar outcome;

(k)

the withholding of utility services or other services from the tenant; and

(l)

such other action as may be prescribed.

(3) The moratorium period mentioned in subsection (1) starts on the date of commencement of section 15 of the COVID-19 (Temporary Measures) (Amendment) Act 2020 and ends on the earlier of the following:(a)

the date a notice of cash grant pertaining to the PTO is issued by the Authority to the owner of the prescribed property under the terms of the public scheme;

(b)

the prescribed date.

(4) Sections 5(5), (7), (9), (10) and (11) and 8 apply with the necessary modifications in relation to an action mentioned in subsection (2) as they apply in relation to an action mentioned in section 5(3), and for this purpose —(a)

a reference to the subject inability is to the non-payment of rent;

(b)

a reference to the period mentioned in section 5(7) is to the moratorium period; and

(c)

a reference to section 5(2) is to subsection (1).

(5) Any of the following, namely:(a)

proceedings before a court;

(b)

arbitral proceedings under the Arbitration Act;

(c)

such other proceedings as may be prescribed,

in relation to the non-payment of rent, that are pending at the start of the moratorium period, must be stayed on the application by the tenant to the court, arbitral tribunal or other person or body before which the proceedings are brought, until the end of the moratorium period.

(6) To avoid doubt, this section does not affect the other rights and obligations of the applicable landlord and the tenant under the lease agreement.[Act 29 of 2020 wef 31/07/2020]

—(1) Despite any law or anything in any lease agreement in a PTO chain for a prescribed property, a PTO’s landlord or a prescribed landlord in the PTO chain (called in this section the applicable landlord) may not take any of the actions described in subsection (2) in respect of the applicable landlord’s tenant during the moratorium period described in subsection (3) in relation to the non-payment of rent under the lease agreement between the applicable landlord and the tenant.

(2) The actions mentioned in subsection (1) are —(a)

the commencement or continuation of an action in a court against the tenant or the tenant’s guarantor or surety;

(b)

the commencement or continuation of arbitral proceedings under the Arbitration Act (Cap. 10) against the tenant or the tenant’s guarantor or surety;

(c)

the making of an application under section 210(1) of the Companies Act (Cap. 50) for a meeting of creditors to be summoned to approve a compromise or an arrangement in relation to the tenant or the tenant’s guarantor or surety;

(d)

the making of an application for a judicial management order in relation to the tenant or the tenant’s guarantor or surety;

(e)

the making of an application for the winding up of the tenant or the tenant’s guarantor or surety;

(f)

the making of a bankruptcy application against the tenant or the tenant’s guarantor or surety;

(g)

the appointment of a receiver or manager over any property or undertaking of the tenant or the tenant’s guarantor or surety;

(h)

the commencement or levying of execution, distress or other legal process against any property of the tenant or the tenant’s guarantor or surety;

(i)

the termination of the lease agreement;

(j)

the exercise of a right of re-entry or forfeiture under the lease agreement, or the exercise of any other right that has a similar outcome;

(k)

the withholding of utility services or other services from the tenant; and

(l)

such other action as may be prescribed.

(3) The moratorium period mentioned in subsection (1) starts on the date of commencement of section 15 of the COVID-19 (Temporary Measures) (Amendment) Act 2020 and ends on the earlier of the following:(a)

the date a notice of cash grant pertaining to the PTO is issued by the Authority to the owner of the prescribed property under the terms of the public scheme;

(b)

the prescribed date.

(4) Sections 5(5), (7), (9), (10) and (11) and 8 apply with the necessary modifications in relation to an action mentioned in subsection (2) as they apply in relation to an action mentioned in section 5(3), and for this purpose —(a)

a reference to the subject inability is to the non-payment of rent;

(b)

a reference to the period mentioned in section 5(7) is to the moratorium period; and

(c)

a reference to section 5(2) is to subsection (1).

(5) Any of the following, namely:(a)

proceedings before a court;

(b)

arbitral proceedings under the Arbitration Act;

(c)

such other proceedings as may be prescribed,

in relation to the non-payment of rent, that are pending at the start of the moratorium period, must be stayed on the application by the tenant to the court, arbitral tribunal or other person or body before which the proceedings are brought, until the end of the moratorium period.

(6) To avoid doubt, this section does not affect the other rights and obligations of the applicable landlord and the tenant under the lease agreement.[Act 29 of 2020 wef 31/07/2020]