How To Write A Tenancy Agreement In Ghana
In some instances, it's easy to overlook the need of having documentation for tangible possessions. When it comes to a tenancy agreement in Ghana, that thinking should not be present. You must comprehend the significance of the tenancy agreement in Ghana and its function.
Most tenants and landlords, on the other hand, have not read, understood, or are unaware of the Ghana Rent Control declarations. As a result, laws are breached and harmful misinformation is spread. Ignorance of the law can result in the loss of money and property, as well as encourage other parties to scam and defraud you.
As a landlord or as an incoming landlord, you may be wondering how to manage your tenants. Because it binds both the landlord and the tenants, a tenancy agreement is the most dependable approach to ensure your tenant's rights. It is a legal document that is signed by both the property owner and the renter who is occupying the property temporarily. The parties, the property, the rental term, and the rent amount are all specified in the agreement, making it simple to keep both parties in check without infringing on their rights.
When it comes to writing a tenancy agreement, most people don't know where to begin. If you can afford it, you might want to employ a lawyer, but if you're reading this, you probably want to try writing the tenancy agreement yourself. The following is a step-by-step method for drafting a legally binding lease that details the property, tenancy period, landlord and tenant obligations, regulations, and limits. Even if you attempt to compose the tenancy agreement yourself, it is recommended that both parties have the agreement reviewed by a professional before signing.
This agreement is critical to the landlord and tenant's seamless and steady cooperation during their tenure. As a result, it is important that both parties fully understand what the contract contains before signing.
Importance of a Tenancy Agreement
Tips for Writing a Tenancy Agreement in Ghana
1. Landlord and Tenant Responsibilities
The subject is real estate property, and the rules should be centred on it. That is how you should manage the property and act while on the grounds. Both parties should understand the roles they play and their responsibility to each other when it comes to the rental of properties. This should be outlined clearly in the contract such that it is easy for them to keep to their word …
2. Address of The Property
The real estate property being referred to must be situated on legal land, which means that it must be surrounded by a recorded physical environment. The tenancy agreement should include the property's address, as well as the area, plot number, town, and any other addresses.
3. Tenancy's Duration
The rental agreement in Ghana is intended to specify the length of the lease so that both the tenant and the landlord are aware of when the contract expires and can decide whether to renew or terminate it.
4. Rental Expense
Because the binding agreement is about business, money must be exchanged before the tenant can take possession of the real estate property in exchange for money. The sum should be indicated in both words and figures in the contract.
Format of a Tenancy Agreement in Ghana
An example of a tenancy agreement in Ghana is shown below. Because the two are not the same, do not confuse a sample of land indenture in Ghana with a sample tenancy agreement. Land indenture is a legally enforceable agreement that specifies the ownership specifics of real estate property or land. The latter is a title deed, whereas the residential tenancy agreement is solely for leasing or renting property and not for the purpose of changing ownership.
Regardless of the type of property, the recommendations below should help outline the main components of a tenancy agreement in Ghana. This checklist acts as a guide and may not be limited to the items on it; it can be expanded or condensed to meet the needs of both parties.
The names of all parties involved
Property identification and Address
Lease/Rent agreement
Monthly/ Annual rent payments
Security deposit- When a deposit can be fully or partially withheld, for example, when tenants caused damage
Tenancy start and end dates - details about when and how the rent will be reviewed
Responsibilities of tenants and landlords
Inability to take possession of a rental property
Rights of access - Limitations on use of the premises
Grounds for termination
Assignment and subletting
Utilities and maintenance responsibilities
Insurance
Notices - Termination of tenancy
Entire agreement
Short Let Agreement
Below is a short tenancy agreement with credit to Talis Property Services, one of Ghana's best property management organizations.
THIS SHORT LET AGREEMENT (the “Agreement”) is made and entered into this DATE.
BETWEEN………………(hereinafter called the “Landlord”) AND ……………………… (hereinafter called the “Tenant”) of the other part.
WHEREAS:
The Landlord is the legal and beneficial owner of the furnished/ unfurnished …………………………. (hereinafter called the “Property”)
The Tenant requires suitable accommodation for its use and has therefore requested the Landlord to let to the Tenant the Property together with the standard appliances therein (together called the “Premises”).
The Landlord has agreed to let the Premises to the Tenant on the terms stated in this Agreement.
HEREBY AGREED AS FOLLOWS:
This Agreement shall commence …………………. and expire on ………………………
To pay in advance a Rent ……………………
A refundable security deposit ……………………. shall be paid with this agreement and an extra deposit charged for any additional rental period.
All rents due are payable in the Ghana Cedi equivalent at the prevailing interbank rate confirmed by both parties.
Rent paid to exclude/ includes DSTV, internet subscriptions, cleaning and utilities unless otherwise agreed.
Continued occupancy after the expiration date stated herein, shall attract a daily rate of ……………………………
The security deposit shall be used to remedy any faults and damage to the Premises by the tenant or guests, exclusive of ordinary wear and tear.
The Landlord shall refund to the Tenant the security deposit less any deductions within ………………….. days of the Tenant vacating the Premises via cheque or bank transfer or other agreed payment.
This Agreement may be renewed for a further agreed term in writing between the Landlord and Tenant upon the expiration of this current term, with due prior notice not less than 14 days.
Landlords may terminate this agreement if the tenant is seen to be in breach of the provisions of this agreement, the house rules or any other action that violates the security and privacy of other tenants and occupants.
The Tenant also agrees to abide by the attached House Rules for the house or apartment.
IN WITNESS WHEREOF the parties hereto have executed this TENANCY AGREEMENT the day and year first above written.
READ, ACCEPTED and SIGNED BY LANDLORD
________________________________
DATE: _______________________
In the presence of:
NAME: _______________________________
ADDRESS: ____________________________
SIGNATURE: _________________________
READ, ACCEPTED AND SIGNED BY THE TENANT
_________________________
Date: ___________________
In the presence of:
NAME: _____________________________
ADDRESS: ___________________________
SIGNATURE: _________________________
Rent Control in Ghana
In Ghana, the landlord is not the only one who decides on rent. In Ghana, we have a rent control authority that provides recommendations on how to price a property's rent. The Rent Act of Ghana 220 governs Ghana's rent control policies. The Rent Control Division requires this statute, which was signed in 1963. It defines the connection between a landlord/lady and their renter as a legal entity. Its fundamental goal is to serve both parties' interests by outlining their obligations.
The rent law in Ghana encourages tenants to maintain the property and pay utility bills, therefore any damage to an owner's property is illegal. Furthermore, the eviction clause forbids wrongful eviction before the end of the tenancy period. There is, however, a clause in the lease that allows the landlord to cancel the agreement by giving renters three months' notice to vacate the premises. Disobedience to the rules, on the other hand, may result in a week's notice.
If a breach of the agreement is discovered at any moment, Rent Control Ghana can assist. Additionally, if you're having problems with your landlord and need assistance, the best thing you can do is contact Rent Control Ghana. This authority is in charge of resolving disputes between renters, landlords, and anybody else interested in a certain property, and will be able to offer additional assistance in any problematic cases.
Since the tenancy agreement document is so important, you must understand what it covers. The majority of individuals sign tenancy agreements without first reading them to understand what they contain. Signing a document implies that you will abide by its rules and duties, which you may now know about.
In Ghana, any landlord who is planning to rent out a home must write a lease agreement. Create your own tenancy agreement that fits the needs of the home you're renting out and benefits both parties. You'll have a calm, healthy, and profitable relationship with your tenant if you do it this way.