Renting a property in Ghana is a practice for both locals and foreigners who seek temporary or long-term residence. Rent, a condition for tenancy, is paid to the landlord as a result of the landlord/tenant relationship.
What is a valid tenancy under Ghanaian Law?
The tenancy is a legal agreement between a landlord and a tenant where the landlord allows the tenant to occupy their property in exchange for rent. The principal rule is that for a lease or tenancy to be valid/enforceable, it must be in writing and signed by the landlord or by his agent.
There are some exceptions to the above rule. These exceptions are Leases by operation of law; Leases by operation of the rules of equity; and Leases where the lessee is in possession for a term not exceeding three (3) years.
Rights and Liabilities of Tenants
Tenants in Ghana have several obligations and rights. The primary obligation of the tenant is to pay rent. Tenants are also required to use a rented property for the purpose for which it was let and not to sublet same without the landlord’s consent. The law also requires that a tenant gives a landlord reasonable access to the property for inspections and repairs. Failure to meet these obligations could result in eviction.
In a well-drafted tenancy agreement, there is always an express covenant requiring the tenant to pay rent. In Ghana, however, the majority of tenancy agreements are made verbally and informally, and they often just stipulate the rent and the method of payment. The obligation to pay rent is now implied in residential tenancies for valuable considerations.
Becoming a tenant comes with a lot of responsibilities, as well as rights as an occupant. Under the Rent Act, of 1963 (Act 220), tenants have several rights, including:
• The right to the peaceful occupation of the premises
• The right to adjustment of rent only by the law
• You have a Right to Your Privacy from Landlords.
• Property Owners are Responsible for Structural Maintenance.
• The right to notice of any intended eviction or termination of tenancy
• Your Tenancy Agreement Cannot Be Terminated Before it Expire
• The right to redress before a court of law
Rights and Liabilities of Landlords
For Landlords, their rights and obligations include:
• Providing safe and habitable housing,
• Maintaining the property in good condition,
• Gaining access to their property for maintenance or inspection,
• Evicting tenants who violate the terms of their lease, and
• The right to terminate a lease at the end of its term. Equally, landlords must respect the rights of tenants, including but not limited to their right to privacy and quiet enjoyment of the property.
Both tenants and landlords should also adhere to the terms of the tenancy agreement, including the payment of rent, and should resolve any disputes through peaceful and legal means.
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