How to Write a Tenancy Agreement in Ghana

tenancy agreement in Ghana

Every property you rent in Ghana will require a tenancy agreement. If you happen to own a property which you would like to lease out to a customer then you will need to write a lease/tenancy agreement document. In this article, we provide you with some pointers on what to include when writing a tenancy agreement in Ghana for various property types.

READ ALSO: Tenancy Agreement – What Every Tenant Should Know

The layout of the tenancy agreement can vary depending on the type of tenancy you prefer. Here are general guidelines to include within your tenancy agreement. Note that the tenancy agreement is a legal document which makes it enforceable according to the laws of Ghana. Having a lawyer review your tenancy agreement would be a good idea. You will find a landlord-tenant agreement form within this article.

Tenancy Agreement in Ghana Format

  1. Identification of the premises
  2. Agreement to rent
  3. Term of tenancy
  4. Inability to take or deliver possession of Rental Property
  5. Monthly rent payments
  6. Late fees
  7. Returned check fees
  8. Limitations on use of the premises
  9. Pets
  10. Alterations or repairs
  11. Keys
  12. Grounds for termination
  13. Assignment and subletting
  14. Security deposit
  15. Utilities and maintenance responsibilities
  16. Insurance
  17. Rights of access
  18. Extended absence
  19. Notices
  20. Termination of tenancy
  21. Additional provisions
  22. Disclosures
  23. Applicable law
  24. Severability of provisions
  25. No waiver
  26. Entire agreement

The above guidelines can be applied to tenancy agreements for a range of property types including for office complexes to simple one or two-bedroom apartments. Based on the type of property you are renting out, and the means through which you want to receive payment, you can choose to skip some topics that do not apply. Below is a sample of a tenancy agreement.

Tenancy Agreement Sample in Ghana

Here is a sample of a tenancy agreement form that can be used in Ghana. This tenancy agreement is from yen.com.gh and can be used as a room tenancy agreement sample or a house rent agreement sample.

This is to ascertain that I [NAME OF LANDLORD], being the landlord of [TYPE & ADDRESS OF PROPERTY] receive [AMOUNT] being the sum of money for both the rent and the security deposit from [TENANT] being the tenant for renting out a house number at [PHYSICAL ADDRESS] (you can give the physical address details of the property in question) on this day of [DAY] the month of [MONTH] Year [YEAR] with effect from [COMMENCEMENT DATE].

This agreement is binding for [PERIOD OF RENT] beginning [COMMENCEMENT DATE] and ending [EXPIRY DATE] 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 [RATE] (state the figure in both words and figures if need be) and should be payable on or before [DAY] of [MONTH] every month. Failure to pay by this day will attract an additional charge of [PERCENTAGE] of the rent. However, failing to pay 30 days thereafter will lead to a mandatory 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.

TENANCY REGULATION

It is, hereby, agreed as follows: That the house will be painted and ready for occupancy on [DATE] 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 [AMOUNT] Ghana cedis is payable to the landlord on or before [DAY of MONTH] every month and should be paid via [METHOD OF PAYMENT] (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 may be adjusted upwards after the duration of tenancy has expired. 

The house cannot be rented out to another person or sub-let without 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 neighbours. 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. 

The tenant should be persons of high integrity; bad behaviour such as stealing, insulting, quarrelling 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 [DATE] this agreement is binding for two years. (In case there are utility bills that are shared, state the ratio and how payment should be made. Examples are utility bills, water and electricity.) 

Date: …………………………..…                                          Date: …………………………..… 

Tel no: …………..……………………..                              Tel no: ……………………….……….. 

Signature: …………………………….                              Signature: …………………..………… 

Witness: ……………………………..                                  Witness: …………………………….… 

Signature: ……………………………                               Signature: …………………….………. 

 

Name of the landlord/landlady: …..                               Name of the tenant:…………………

…………………………………………                              …………………………………………

…………………………………………                              …………………………………………

 

You can download this tenancy agreement sample pdf here. You can get a rent advance in Ghana on any tenancy agreement form.

The Ghana Rent Control

As a landlord, it is beneficial to get to know the Ghana Rent Control and all the laws that govern rent control in Ghana. Browsing through their website will highlight useful information. Many landlords ask, what are the rent control laws in Ghana to regulate the eviction of tenants by landlords. You can get all that information from the Ghana Rent Control.

Here are some of the core benefits of the Ghana rent control to landlords and tenants:

  • Assess the recoverable rent of any premises (whether or not such premises are occupied) on an application made by any landlord, tenant or person interested in the premises, after such enquiry as he may think fit;
  • Investigate complaints by a landlord against a tenant in respect of arrears of rent and complaints by a landlord, tenant or person interested in the premises against any other person in respect of any other matter mentioned in the Act and shall make determination thereon;
  • Investigate and determine any matter relating to this Act referred to him by the Minister or Rent Magistrate in such manner as he may think fit;
  • Prepare rent registers and other prescribed documents and specify therein the prescribed particulars;
  • Maintain a register of vacant premises for prospective clients and on application made by any such client, furnish information concerning such premises;
  • Examine any landlord, tenant or other person for the purpose of ascertaining whether the provisions of this Act or any statutory instrument made thereunder are being observed;
  • Take measures against tenants who have absconded from the premises and may, for that purpose, force open the door of, and search, any premises under the authority of an order made by the appropriate Rent Magistrate
  • Make complaints to the appropriate Rent Magistrate that an offence under this Act has been committed for the purpose of investigation and determination by him and may conduct the prosecution of the offender before the Magistrate, so, however, that public prosecutor appointed generally may intervene and assume the conduct of such prosecution;

If you are a new landlord and you need to know the Ghana rent control laws and regulations, you may want to check their website for more information.

READ ALSO: Legal Questions on Tenancy in Ghana

Writing a tenancy agreement in Ghana is a necessity for any landlord who is ready to let out a property. Create your own and tenancy agreement that suites the property that you are letting out and also favours both parties. That way, you will have a peaceful, healthy and profitable relationship with your tenant.

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  • How To Obtain A Building Permit In Ghana – Meqasa Blog
    31 August, 2020 12:15

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