Tenancy agreement in Ghana: How to write one and everything you need to know

Tenancy agreement in Ghana: How to write one and everything you need to know

A tenancy agreement is a legal document that serves as a contract between the landlord and the tenant. The documents outline the property details, tenancy period, landlord/tenant obligations, rules, and constraints for both parties. So, how do you prepare one?

Tenancy agreement
How to a tenancy agreement including everything you need to know. Photo: canva.com (modified by author)
Source: UGC

A tenancy agreement is a written contract between a property owner and a renter who temporarily occupies the property. The arrangement establishes the parties, the property, the rental term, and the rent amount for that term.

The property owner is known as the landlord, and the renter is known as the rentee. The terms of the rental contract are in a verbal or written rental contract regulated and managed under contract law.

The tenancy agreement doc is crucial, which is why you must comprehend what it entails. The majority of people sign the tenancy agreement form without first reading it to see what it covers. Signing a document implies that you will follow the document's rules and responsibilities, which you may not be aware of.

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Tenancy agreement in Ghana

The tenancy agreement law in Ghana provides for the right and responsibilities of the two parties, the scope of their obligations and a conscious declaration that the landlord has agreed to rent or lease the property. The arrangement should be in a written form, and each party issued a signed copy.

How do I write a tenancy agreement in Ghana?

How do I write a tenancy agreement? The most crucial factor to consider when writing a tenure contract is to use the correct format. Likewise, you can use the tenancy agreement form, a piece of documentation highlighting the terms of understanding between the lessee and the landlord.

Using the correct tenancy agreement format prevents misunderstanding in the future and protects both parties in a lawful manner.

The other option to writing a tenancy agreement is to download templates online. These tenancy agreement templates have all the necessary documentation already embedded, and all one has to do is fill in the blanks accordingly.

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Can I download a tenancy agreement?

The document is downloadable and can be found online in PDF format. The document contains details about the longevity of the agreement and also the amount agreed for the occupancy.

However, 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 the 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. Here is an example of a tenancy agreement in Ghana PDF.

Tenancy agreement sample

Tenancy agreement
Photo: canva.com (modified by author)
Source: UGC

Rent control Ghana

Rent control in Ghana abides by the Rent Act of Ghana 220. The act was signed into law in 1963 and is 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.

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In addition, 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 renter should take care of the landlord's property and pay all utility bills. Furthermore, any destruction or alteration of the property is punishable by law.

On the other hand, the lessee has protection against unlawful eviction. An eviction clause stops the landlord from evicting the tenant before the period of tenancy is complete. Nonetheless, it also provides cases where the landlord may terminate the tenancy agreement in Ghana, which means the occupant will have to vacate the premises.

Even so, there is a three-month notice clause. However, if the occupant is not abiding by the rules, they may be given a week's notice to vacate. Thus, the rental control of Ghana has established clear paths for each party to follow.

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Should you feel that there is a violation regarding the tenancy agreement law in Ghana, you need to seek guidance from Rent Control Ghana. This body will refer to the lease agreement and solve the issue at hand. It is always right to seek advice before signing any occupancy contract.

The Rent Control Ghana covers many things outlining the rules, responsibilities, rights, and obligations of each party, including how an ownership negotiation should come into play. In addition, you can access the laws of Ghana governing renting and leasing property in PDF format from online sources.

Tenancy agreement checklist

Tenancy agreement
A renter should always read and understand the terms and conditions of the tenancy agreement. Photo: Hailshadow
Source: Getty Images

The occupancy contract, as mentioned above, is a binding contract, which means all operations should be within the limitations of the tenancy agreement document. 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 must be cautious since prevention is always better than cure.

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The points in the tenancy doc should be easy to understand. Below is the tenancy agreement checklist;

A party involved in the contractual lease agreement – Ideally, a contractual deal is between two parties: 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. For example, it may entail; their physical addresses, occupations, telephone numbers, next of kin, Ghana card, marital status, nationality, etc.

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. These obligations should be clear so that both parties understand their responsibilities and exercise the same to avoid confrontations or any form of misunderstanding.

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Ideally, this is what governs the tenant-landlord relationship and ensures smooth interaction in the tenancy agreement.

Property address: The real estate property in question must be on a legal piece of land, which means a documented physical environment. The property's address should be in the tenancy agreement: the region, plot number, town, and any other addresses.

Although an attorney can 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 owner of the property will take the renter around the property. Besides, you cannot commit to something you have not seen. In 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.

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Duration of tenancy: The rental agreement in Ghana should outline the tenure period so that the lessee and landlord know when the contract ends and renew or terminate.

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 occupant monthly. Ideally, the binding agreement relates to business, and therefore money has to exchange hands whereby the renter gets occupancy of the property in exchange for cash. Thus, the amount should be clearly stated in the agreement, both in words and figures.

It establishes a course where the occupant knows who they are supposed to pay and by which date. Thus, it avoids cases where different people come asking for the rent. There should also be a provision for late payment and the penalty if one pays later than agreed.

Other additional details to include in the checklist

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Tenancy agreement
A Person signing an agreement. Photo: @karolina-grabowska
Source: UGC

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 they will affect the contract in one way or the other. They include;

  • Leases should be subject to national legislation - Which means that landlords cannot exercise them 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, the renter, although some landlords prefer to take on this role, while others share. If the responsibility is on the occupants and then the landlord should establish a shared ratio. Ordinarily, repair and maintenance is the landlord's responsibility.
  • State of the property – Do not commit without the knowledge of the actual condition 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 them 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.

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In a nutshell, the tenancy agreement is an essential document. Having a documented contract can and will save you a lot of trouble in the event of a misunderstanding. We have provided the steps to follow and what the document contains. So, whenever you want to move into a new residence, be sure to ask the landlord for the occupancy affidavit form.

Yen.com.gh recently published an interesting article on how to write a lawsuit response. Do you know how to respond to a summons? Legal matters, to be sure, are the domain of professionals who are intellectually endowed to navigate the complex legal world.

Learning how to write a response to a lawsuit will help you understand your situation and respond appropriately. After all, ignoring the suit will be interpreted as an admission of guilt.

DISCLAIMER: This article is intended for general informational purposes only and does not address individual circumstances. It is not a substitute for professional advice or help and should not be relied on to make decisions of any kind. Any action you take upon the information presented in this article is strictly at your own risk and responsibility!

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