Tenancy & recovery of premises in Ghana; The Rent Act’s ejectment policy

Introduction

Renting a property in Ghana is a common 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. This is the case whether the lease is for a residential space in a city or a rural property. Understanding rent and tenancy laws in Ghana is essential for both landlords and tenants, as it helps minimizes, disputes and litigation in the courts.

In this article, the statutory and common law rules on the recovery of premises in Ghana is explored. The article will also explain how a landlord can recover possession of a rented property, in accordance with the legal/statutory requirements of the country. By the end of the article, readers will have a better understanding of their legal rights and obligations in the Ghanaian rental market.

What is a valid tenancy under Ghanaian Law?

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, however, 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.[ Section 36 of the Land Act, 2020 (ACT 1036)]

Rights and Liabilities of Tenants and Landlords

Tenants in Ghana have several obligations and rights. The primary obligation of the tenant is to pay rent. Additionally, tenants are 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 lease, 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 consideration[ Section 50 of the Land Act, 2020 (ACT 1036)].

Under the Rent Act, 1963 (Act 220), tenants have several rights, including the right to peaceful occupation of the premises, the right to adjustment of rent only in accordance

By: Prince Kojo Tabiri Esq

with the law, the right of notice any intended eviction or termination of tenancy, and the right to redress before a court of law.

For Landlords in Ghana, their rights and obligations include providing safe and habitable housing, maintaining the property in good condition, access to their property for maintenance or inspection, to evict 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 the 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.

The Rent Act on the Recovery of Premises by a Landlord

The Rent Act 1963 (Act 220) (hereinafter referred to as “the Act”) provides the conditions under which a landlord may recover possession from a tenant or that may lead to the ejection of a tenant from the premises.

Premises is de ned by the Act under Section 36 . as any building, structure, stall or other erection or part thereof, moveable or otherwise, which is the subject of a separate letting, other than a dwelling house or part thereof bona- de let at a rent which includes a payment for board or attendance"

According to the law, no order against a tenant for the recovery of possession of the premises or ejectment shall be made by a competent court unless at least one of the conditions below is satis ed. These grounds include non-payment of rent, subletting without the landlord's consent, using the property for illegal or immoral purposes, causing damage to the property among others. The Recovery of Possession of a Landlord’s property for personal use

A landlord may also apply for an order to recover possession of their property if they require the property for their own occupation or for the occupation of their spouse, children, or parents.[ Section 17(1)(g) of the Rent Act 1963 (Act 220)] The onus of proving that the premises is reasonably required for the personal occupation is on the Landlord. This law was upheld in Adu and Others v. Clegg [1981] GLR 173.

A landlord must further satisfy the following conditions outlined in the case of Boateng v. Dwinfuor [1979] GLR 360 for the recovery of premises for personal use:

1.The landlord must be able to demonstrate a bona de need for the property for their own occupation or that of their spouse, children, or parents.

2.The landlord must have served a notice to quit on the tenant in accordance with the provisions of the Rent Act.

3.The landlord must have given the tenant an opportunity to contest the claim for possession.

4.The tenant must have no valid defense to the claim for possession.

If these conditions are met, the court may grant the landlord an order to recover possession of the property. It is important to note that the Rent Act provides several protections for tenants, and the court will only grant such an order if the landlord can show that the conditions have been met and that the tenant has no valid defense to the claim for possession.

The court must be however be satis ed that, having

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Story continued from page 20 regard to the circumstances, greater hardship would not be caused by granting the order. Therefore, in assessing the circumstances of greater hardship, the court shall consider the alternative accommodation available for the person whose occupation the premises are required or for the tenant Story continues on back page

(Apoloo CJ in Oman Ghana Trust Holdings Ltd v. Acquah (1984-86) 1 GLR 198))

Who quali es as a family member per the Landlord’s recovery of premises for personal use?

Nthc Weekly Market Summary

At the just ended Treasury Bill auc on, the Government accepted a total bid of GH¢3.32 billion across the 91, 182 and 364-day bills in the f ace of a total tender of bids, amoun ng to GH¢4.20 billion

The week-on-week yields witnessed an overall approximated drop of 4.16bps, 3.71bps and 0.72bps across the 91, 182 and 364-da y bills respec vely.