Despising the importance of having documentation for material possession in life is easy in some quotas. That mindset should not be the case when it comes to a tenancy agreement in Ghana. You need to understand the importance of this document and its role. By definition, a tenancy agreement is a contractual arrangement between a tenant and a landlord or landlady. The contract stipulates the roles of each party concerning a residential or commercial property leased or rented out. Ideally, it is a binding document, which you should read about below.
The tenancy agreement doc is very important and that is why you need to understand what it entails. Most people sign up the tenancy agreement form without going through the document to establish what it pertains. However, penning down your signature means you will abide by the rules and responsibilities stipulated in the document, which you may be unaware of.
Nevertheless, your ignorance does not mean that the laws of Ghana will not be applied whenever needed. One may still be charged for failing to adhere to the rules. The possibility of facing legal action explains why it is essential to take your time, go through a rental agreement in Ghana and ensure that you understand what is therein before signing.
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What's more, a tenancy or a lease agreement should be in line with the Ghana rent laws. Referencing these laws ensures that both the interests of the tenant and those of the landlord or landlady are considered. The rent control Ghana laws provide for the right and responsibility of the two parties, the scope of their responsibilities and a conscious declaration that the landlord has agreed to rent or lease the property.
The agreement should be in a written form and each party is issued with a signed copy. The signatures of both parties prove that there is a mutual commitment from either party in regards to a particular property.
Many Ghanaians have many questions concerning the tenancy agreement in Ghana. Here is an in-depth explanation about tenancy agreement, what the rent control Ghana provides, and the contents of a lease agreement.
You will also read about why tenancy contracts are necessary and how to write a tenancy agreement in Ghana. At the same time, you will find a tenancy agreement sample.
How to write a tenancy agreement in Ghana?
The bottom line is to write a good tenancy agreement form Ghana using the correct tenancy agreement format. There are a few tenancy agreement templates one can use as guidelines. You can check them out online by searching using phrases like tenancy agreement in Ghana PDF. The samples are helpful in helpful understand the details of the Ghana rent control tenancy agreement.
However, below is a sample of tenancy agreement in Ghana. Do not confuse a sample of land indenture in Ghana with a sample tenancy agreement since the two are different. The land indenture is a binding agreement for sale of real estate property or land that indicates the ownership details. The latter is a title deed while the residential tenancy agreement is only for leasing or renting property and not for any change of ownership.
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The sample of tenancy agreement in Ghana
This is to ascertain that I ……………..... being the landlord of ………property receive ………………amount in Ghana cedis being the sum of money for both the rent and the security deposit from ………………. being the tenant for renting out a house number …………………………...(you can give the physical address details of the property in question) on this day of …….the month of ……. Year ……... with effect from …………
This agreement is binding for two years beginning …………. and ending …………. upon which the tenancy agreement may be renewed or terminated and new regulations apply.
The rent per month for the property has been agreed as ………………. (state the figure in both words and figures if need be) and should be payable on or before …………. Day of the month. Failure to pay by this day will attract an additional charge of ….. % of the rent. However, failing to pay 30 days thereafter will lead to forceful eviction.
This agreement is subject to renewal after the expiration of the tenancy agreement period from which it ceases to be enforceable. Rent may then be reviewed upwards or downward by the landlord. The tenant and the landlord can then determine if the tenant-landlord relationship should continue by signing a new tenancy agreement.
It is hereby agreed as follows:
That the house will be painted and ready for occupancy on ……….. and the keys will officially be handed over to the tenant. The keys should be returned to the landlord when the tenant vacates the premises.
That monthly rent of ……….. Ghana cedis is payable to the landlord on or before …….. every month and should be paid ….(state the mode of payment, bank account, money transfer service and leave the details to use).
That rent is subject to payment even in advance to avoid inconveniences.
That the rent for the house ………… (give a description) may be adjusted upwards after the duration of tenancy has expired.
That the house cannot be rented out to another person or sub-rented without a written consent from the landlord.
That the property should always be in a good state as it was during the time of tenancy agreement issuance and should hand back the property free of damage or destruction just as it was when issued.
That the property should only be used as a residency alone and should maintain peace for neighbors.
That no additions, fixtures or alteration should be done on the property without the consent of the landlord.
That tenants are to maintain peace and harmony within the premises both with the landlord and other tenants and should help the landlord to achieve this.
That tenants should be persons of high integrity; bad behavior such as stealing, insulting, quarreling is discouraged.
That either party can give three months' notice of their intention to renew or terminate the agreement in this tenancy agreement termination clause to avoid either party being inconvenienced.
The security deposit is refundable in full if the tenant did not tamper with the landlord's property.
That dated ……..................…this agreement is binding for two years.
(In case there are utility bills that are shared, states the ratio and how payment should be made. This is particularly regards to utility bills, water and electricity.)
Name of the landlord/ landlady: …………………...... Name of the tenant:…......………………………...
Tel no: ……….....…………………….. Tel no: ………………..........………..
Signature: ……………………………. Signature: ………..............…………
Witness: ………............………….. Witness: ……………............…....…
Signature: …………………………… Signature: ………….............……….
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Rent control Ghana
Rent control Ghana is enforceable by law since it is established under the same. The Rent Act of Ghana 220 was signed into law in 1963 and was mandated by the Rent Control Division. It is a legal body whose role is to monitor and provide guidelines and regulations on how a tenant-landlord/landlady relationship should be. It stipulates various measures of responsibility of each party and seeks to protect the interest of them all.
The Ghana rent law, for instance, states that a tenant should take care of the landlord's property and pay all utility bills. Any destruction or alteration of the property is punishable by law.
On the other hand, the tenant is protected against unlawful eviction. In fact, there is the eviction clause that stops the landlord from evicting the tenant before the period of tenancy is complete. Nonetheless, it also provides that there are cases where the tenancy agreement in Ghana may be terminated, which means the tenant will have to vacate the premises. Even so, there is a three-month notice clause. However, if the tenant is not abiding by the rules, he or she may be given a week's notice to vacate. The rental control of Ghana has established clear paths for each party to follow.
Should you feel that you are violated in regards to the tenancy agreement in Ghana, then you need to seek guidance from the Rent Control Ghana. This body will refer to the lease agreement and solve the issue at hand. The same should apply if you find some unclear information in the tenancy agreement, it is always right to seek advice before you sign any tenancy contract.
The Rent Control Ghana covers a lot of things outlining the rules, responsibilities, rights, and obligation of each party including how a tenancy agreement should come into play. You can access the laws of Ghana governing renting and leasing property in PDF format from online sources.
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Tenancy agreement checklist
The tenancy agreement as mentioned above is a binding contract, which means all operations should be within the limitations of the tenancy agreement document. Noteworthy, these documents are drafted by people but should be based upon the law. Read the document before signing if you are looking for a real estate property to rent or lease. With the widespread graft cases involving property ownership, you have to be cautious since prevention is always better than cure.
Nevertheless, you probably are wondering with all the relevance and importance of this document what should I look for in such a contractual report bearing in mind you are neither a legal expert nor a real estate professional. Worry not, there are a few things that should be on the tenancy agreement, and those are what you should know. The points in the tenancy doc should be easy to understand. Below is the tenancy agreement checklist;
a] Parties involved in the contractual lease agreement – Ideally, a contractual agreement is between two parties, in this case, the landlord and the tenant. The full names of both of them should be on the tenancy agreement in Ghana with personal details clearly outlined. It may entail; their physical addresses, occupations, telephone numbers, next of kin, marital status, nationality and so on. Such information will help you know who you are working with and in case of anything. It is essential that you ascertain that indeed the person named therein is the same person you are dealing with. Cases of malicious and selfish acts have been on the rise and precaution is necessary.
b] Obligations of the landlords and tenants – The real estate property is the subject and the rules should focus on the same. That is, how to handle the property and how to behave within the premises. For instance, the landlord may be obliged to carry out property maintenance whenever necessary and not pass the liability to the tenant, e.g., in fencing. The tenant has to protect and ensure the property is in excellent condition. It means that should the property be destroyed not by natural causes or depreciation in value, the tenant will be liable for the same.
These obligations should be clear so that both parties understand their responsibilities and exercise the same to avoid confrontations or any form of misunderstanding. Ideally, this is what governs the tenant-landlord relationship and ensures smooth interaction in the course of the tenancy agreement.
c] Property address – The real estate property in question must be on a legal piece of land, which means a documented physical environment. The address of the property should be in the tenancy agreement; the region, plot number, town, and any other addresses. Although an attorney can step in to guide the tenant in establishing the legal details of the property, you need to do a thorough background check to ascertain the property in question belongs to the landlord. A physical visit is necessary whereby the landlord will take the tenant around the property. Besides, you cannot commit to something you have not seen. In the case of lease agreements, the lands office can be an excellent place to check consult for information about the property in question. The tenancy agreement checklist should provide this information.
d] Duration of tenancy – The rental agreement in Ghana is expected to outline the period of tenure so that the tenant and landlord know when the contract ends and hence renew or terminate the same. For instance, it should be stated that tenant X and landlord ABC agreed that on this day ……… of ……… 20XX to enter into the agreement, which begins on …………… and ends on ………..... Thereafter, both parties should state whether they want to renew or terminate the agreement.
Rental cost – This is primarily one of the top and critical things in a rental agreement in Ghana. The amount the landlord expects to receive from the tenant monthly. Ideally, the binding agreement relates to business, and therefore money has to exchange hands whereby the tenant gets occupancy of the real estate property in exchange for money. The amount should be clearly stated in the agreement both in words and figures.
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Additionally, the agreement should state to whom the money should be paid and the means of payment. It establishes a course where the tenant knows who they are supposed to pay and by which date. It avoids cases where different people come asking for the rent. There should also be a provision for late payment, either a penalty and when eviction should or can be administered for failing to pay rent on time.
In addition to the above tenancy agreement checklist, it is wise to also check on a few other provisions that should be of interest to you because in one way or the other it will affect the agreement. They include;
Leases should be subject to national legislation, which means that they cannot be exercised on agreements alone. A locally made lease agreement is hence illegal and is not enforceable by law.
Who is responsible for the bills and facilities? In some cases, this is passed to the tenant while some landlords would prefer to take this role while others still share such roles. If the responsibility is on the tenants and then shared ratio should be established. Ordinarily, repair and maintenance is the landlord's responsibility.
State of the property – Do not commit without the knowledge of the actual state of the property. You can have a professional do the check for you in addition to your physical visit. Point out issues you observe and let then be written in the tenancy agreement or repaired before gaining occupancy.
Modification outside of the lease - Ordinarily, the tenant should not modify or alter the real estate property. The tenancy agreement should always be the benchmark for all these practices. However, it does not hurt to know what the tenancy agreement in Ghana states should there be a deviation from the terms.
The information in this blog post (“post”) is provided for general informational purposes only, and may not reflect the current law in your jurisdiction. No information contained in this post should be construed as legal advice from Justia Inc. or the individual author, nor is it intended to be a substitute for legal counsel on any subject matter. No reader of this post should act or refrain from acting on the basis of any information included in, or accessible through, this post without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from a lawyer licensed in the recipient’s state, country or other appropriate licensing jurisdiction