Ghana Tenancy Laws: Rent Act & Tenant/Landlord Rights

Here’s a briefing document summarizing the key themes and ideas from the provided sources on renting and tenancy laws in Ghana:

Briefing Document: Tenancy Laws and Practices in Ghana

Executive Summary:

This document summarizes various sources discussing renting and tenancy laws in Ghana. The core message is that understanding these laws is crucial for both landlords and tenants to ensure fair and harmonious rental relationships and to avoid legal disputes. The Rent Act of Ghana (Act 220) and related regulations are the foundation of these laws, covering key areas such as rent advances, tenancy agreements, rent increases, eviction procedures, and tenant/landlord responsibilities. Recent sources highlight the importance of formal written agreements, open communication, and cultural sensitivity to improve the rental market dynamics.

Key Themes and Ideas:

1. Legal Framework: The Rent Act (Act 220) and Rent Control Law 1986 (PNDCL 138): These acts are the primary legal instruments governing rental agreements and landlord-tenant relationships in Ghana. They outline rights, responsibilities, and procedures. The meQasa Blog emphasizes that many landlords and tenants are unaware of these laws, leading to potential issues. “Before we get started, it’s important to note that most tenants and landlords have neither read, understood nor know about the Ghana Rent Control declarations. This results in laws being broken and toxic misinformation being circulated.” The blog encourages readers to download the Rent Control Law 1986 (PNDCL 138) to better understand Ghana’s rent laws.
2. Rent Advance Limits: Landlords are legally restricted in the amount of rent they can demand in advance. Section 25 subsection 5 of the rent law states that during a short tenancy, the owner of the premises should not demand more than two months’ rent in advance. If the tenancy in Ghana is longer than six months, the landlord should not demand more than six months’ rent in advance.”
3. Tenancy Agreements (Rent Cards): Landlords are legally obligated to provide tenants with a written tenancy agreement (often referred to as a “rent card”) that specifies the terms and conditions of the lease. These should include key details such as names/addresses of both parties, rental amount, and other pertinent information. The PropHunt Admin source explains that “The law indicates that a landlord of any premises should issue to the tenant a rent card (tenancy agreement) and that should define the terms and conditions in the written leases to avoid future misunderstandings.”
4. Rent Increases: Rent increases are regulated, and landlords cannot arbitrarily raise rent. The Rent Control Department is the mandated authority to determine whether rent should be increased.
5. Eviction Procedures: While landlords have the right to evict tenants for valid reasons (e.g., non-payment of rent, lease violations), there are legal procedures that must be followed. Illegally evicting a tenant (e.g., for failing to pay an increased rent without Rent Control assessment) is an offense.
6. Tenant Rights:

• Peaceful Occupation: Tenants have the right to peaceful enjoyment of the property.
• Notice of Eviction/Rent Increases: Tenants are entitled to proper notice before eviction or rent hikes.
• Right to Redress: Tenants can seek legal recourse in court if they believe their rights have been violated.
• Privacy: Landlords must provide reasonable notice before entering a rental property, except in emergencies.
• Landlords must register every lease or tenancy agreement with the Rent and Housing Committee.

1. Landlord Rights:

• Eviction for Cause: Landlords can evict tenants who violate lease terms.
• Termination of Lease: Landlords can terminate a lease at the end of its term.
• Access for Maintenance/Inspection: Landlords have the right to access the property for legitimate reasons.
• Landlords are responsible for providing safe and habitable housing and carrying out necessary repairs

1. Responsibilities of Both Parties: Tenants are responsible for paying rent on time and maintaining the property’s condition. Landlords are responsible for providing safe and habitable housing and carrying out necessary repairs.
2. Subletting: Subletting requires the written consent of the landlord.
3. Compensation for Improvements: If a tenant makes improvements to the property with the landlord’s approval and is then evicted before an agreed-upon period, they may be entitled to compensation.
4. Retaliation Protection: Landlords are prohibited from retaliating against tenants for exercising their legal rights.
5. Recovery of Premises for Personal Use: A landlord may recover possession of their property if they require it for personal use by themselves or a close family member (spouse, children, or parents). However, specific conditions must be met, including demonstrating a bona fide need and serving proper notice. “The landlord must be able to demonstrate a bona fide need for the property for their occupation or that of their spouse, children, or parents.” The court will also consider whether greater hardship would be caused by granting the eviction order.
6. Other Grounds for Ejectment: The court may grant an order for ejectment if the landlord intends to demolish/remodel the property and the work cannot be done with the tenant present, if the tenant’s occupancy was tied to employment that has ceased, or if the landlord previously lived in the furnished property and wishes to re-occupy it after a period of absence.
7. Procedure for Recovery of Premises: Landlords must follow a specific legal process to recover possession of a property, including providing written notice of intention to recover possession and, if necessary, applying to the Rent Control Court or High Court for an order.
8. Rent and Housing Committees: These committees are established to handle disputes between landlords and tenants and to assess recoverable rent. The meQasa blog explains that “If you have any issues with your landlord and you need help, the best option is to speak to Rent Control Ghana. This authority is responsible for handling disagreements between tenants, landlords and any other individuals interested in a particular property and will be able to provide further advice in any difficult situations.”
9. Importance of Communication and Written Agreements: Several sources emphasize the value of clear communication, transparency, and formal written agreements to prevent disputes. “Tenant-Landlord Relations in Ghana: Challenges & Best Practices – Blavior” highlights how a lack of transparency can lead to misundestandings.

Recommendations:

• Both landlords and tenants should familiarize themselves with the Rent Act (Act 220) and related regulations to understand their rights and responsibilities.
• Utilize written tenancy agreements that clearly outline the terms and conditions of the lease.
• Maintain open and transparent communication channels to address concerns and prevent misunderstandings.
• Seek professional mediation or legal advice in case of disputes that cannot be resolved amicably.
• Promote cultural sensitivity and understanding in interactions between landlords and tenants.

This briefing document provides a consolidated overview of the legal and practical aspects of renting in Ghana, empowering both landlords and tenants to navigate the rental market effectively and responsibly.