In Ghana, there are rules/laws that regulate tenancy of occupants of a property in 2022. These laws are in the form of a tenancy agreement, which is given to tenants before they are provided with accommodation. Anybody who wants to rent and occupy a property for a period of time must know these laws.
Condition under which a Tenant may be Ejected
Basically section 17 of the Rent Act of 1963, (Act 220) which is entitled recovery of possession and ejectment stipulates the conditions under which a tenant may be ejected by a landlord. These include but are not limited to the following:
- where any rent lawfully due from the tenant has not been paid or tendered within one month after the date on which it became lawfully due
- where the tenant or any person residing with him has been guilty of conduct which is a nuisance or an annoyance to adjoining occupiers
- where the tenant or any person residing with him has been convicted of using the premises or allowing the premises to be used for an immoral or illegal purpose
- where the condition of the premises has in the opinion of such Magistrate or Judge deteriorated owing to acts of waste by, or the neglect or default of, the tenant or any person residing with him
- where the tenant has given notice of his intention to quit in writing and in consequence of such notice the landlord has contracted to sell or let the premises or has taken any other steps as a result of which he would, in the opinion of such Magistrate or Judge, be seriously prejudiced if he could not obtain possession;
- where the premises are reasonably required by the landlord for personal occupation as a dwelling house by himself, a member of his family or any person in his whole time employment, such premises being constructed to be used as a dwelling house
- where the premises were let to the tenant by reason of his employment in the service of the landlord and such employment has ceased.
What are the Duties/Obligations of a Landlord
- Rent Card: The law requires a landlord to give the tenant a rent card on a monthly basis. The card is supposed to have the name and address of both the landlord and the tenant, the amount recoverable as rent and every other pertinent information. This is clearly stated in section 20 of the Rent Act 1963 (Act 220) and section 5 of the Rent Control Law, 1986 (PNDCL 138).
- Compensation: If the landlord permits the tenant to improve the premises, then he needs to compensate the tenant. It is advised that tenants and landlords make a written agreement which spells out the improvements that are to be made and what benefits are expected. This is supported by section 21 of the Rent Act, 1963 (Act 220).
- Control subletting: The landlord needs to be aware of and approve subletting before a tenant can engage in that. If consent is not given, it is illegal for the tenant to do it otherwise. This provision can also be found in section 22 of the Rent Act.
- Serving notice on a tenant if he intends for a tenant to quit the premises at the expiration of the tenants rent period. Section 23 of the Rent Act.
What are a tenants rights in the event of eviction?
If the tenant does not violate any of the exceptions in section 17 of the Rent Act, then no court shall entertain an ejection order against the tenant. He has full rights to enjoy quiet possession without any harassment so long as he abides by the covenant of his tenancy.
Legal process for evicting a tenant?
- Serve a thirty day notice from date of due rent when tenant defaults payment.
- For commercial properties, tenants defaulting in payment of rent shall be served a notice for six months from date of due rent.
- After this an eviction order can be sought against the tenant
Read more Here: https://www.fthghana.net/housing/10-steps-on-how-to-evict-a-tenant-legally/
How much are Agents supposed to charge?
This is purely commercial. It is by agreement between the client (home seeker) and the agent.
Cost of repairs to a house, Tenant or Landlord?
For capital intensive work that is not aimed specifically at benefitting the tenant, the landlord would bear the cost.
Laws that Govern Landlords and tenants
There are two Acts:
- Rent Control Law PNDCL 138 of 1963
- The Rent Act of 1963
Court that deals with landlord-tenant disagreements
Rent and Motor Court near the Kwame Nkrumah Mausoleum. It is a District Court where there are Rent and Housing Committees.
What is rent control?
The Rent Control Law, 1986 (PNDCL 138) was passed to regulate the relationship between tenants and landlords in Ghana. In order to do this, it set up Rent and Housing Committees where parties could go in order to resolve their differences.
For Further knowledge about Tenancy, Read the RENT ACT (1963) HERE
If a landlord wants to evict a tenant for no reason after 4 months of stay in the room
Can the landlord give me a refund if I breach the contract by not staying full term? Or does he has right to keep all the balance of the money.
I rented an apartment for 2years, after staying there for 9months the landlady come for a loan and told me to use it for extra 4years, I have say for 2years 8months and she want me to leave the house because I complain of her locking the gate whiles am at work.
What should I do.
You have a solid case against her. Kindly visit the nearest rent control department in your area for them to take action against her.
Few days ago I paid a landlady a deposit for a room I have not seen as she and the agent assured me that the formal occupant was going to leave so I deposited more than half and was giving a receipt I came on the said date the room was still not opened for view I went back the next day and the landlady’s nephew open it up only for me to find out it’s too small so I stated that it’s too small and not what I am expecting now I needed my refund and they woman is asking me to go find someone else to come take the place first and this is a place I have never even entered yet so what do I do as I must have to move at the end of next week and I already got a place but this landlady is telling me she has spent from the Money and saying she gave some money to the agent I have all the transaction recorded
I rented a store for 5 yrs ,until my shop increased.I told the landlord I was to exit the store and he agreed.However,he want me to pay his for the next one month of stay after my shop expiry with respect to the increment…Now my question ,do I have to pay him or not.Thanks in anticipation.
I paid 1year money to my landlord and I stayed there for 5 months ,due to some conditions I have moved to rent different one is the landlord supposed to give me my balance
How much is my landlord suppose to add as an increment after 2years rent of 2500
When you rent and the time is due,are you given time to get a new room or you should be evicted that day
Please my name is michael…..I have been living in rented apartments for 3year now …and 9th January 2021 will be the end of my third year staying there….now the landlord just told on 26th of this December that he doesn’t want to rent rent it again ……I plead with her to give some few months to move out ….but she saying then she’s gonna add 50% of the current that pay for that 3 month period….please is legal for her to do that?
I paid a landlord 1 and half years rent for the place to be completed and its a month now but he still hasn’t completed the place for me to move in and he’s always giving excuses what should i do
I have paid my landlord for one Year but have stayed there for 5years. When I came there the porch was open so I decided to cover it and she told me if I cover it she will not pay and if I leaving the place I will not take it off. Not my time is not due and left with 3month. Enitially she took me 200gh as if I am leaving and something goes wrong she will use it to repair it but now am leaving the place she have to give me 600gh and my 200gh . She is refusing to give me my money because I took off my trapdoor.
Please what can I do
Is there any rent card for a commercial property