How To Write A Tenancy Agreement In Ghana

Oct / 23 / 2021

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Perhaps you've been wondering how to manage your tenants as a landlord or as an incoming landlord. A tenancy agreement is the most reliable way to guarantee your tenant's rights, as they will bind both the landlord and tenants. It is a legal document that is signed by the owner of the property and the tenant who temporarily occupies the property. In the agreement, the parties, the property, the rental term, and the rent amount are spelt out, this affords an easy way to keep both parties in check without infringing on rights.

How To Write A Tenancy Agreement In Ghana?

Most people do not know where to start from if they have to write a Tenancy agreement. You may want to hire the expertise of a legal practitioner if you can afford, however reading this article means you want to attempt writing the tenancy agreement yourself. Below is a guide to drafting a legally binding lease that outlines the property details, tenancy period, landlord and tenant obligations, rules, and constraints for both parties. Despite attempting to draft the tenancy agreement yourself, It is advisable to have a lawyer go through the agreement before signing for both parties.

This agreement is a vital one to the smooth and stable cooperation between the landlord and the tenant during their occupancy. Therefore it is highly recommended that both parties thoroughly comprehend what it entails before signing.

Format of a Ghanaian Tenancy Agreement

The guidelines below should assist in outlining the essential components of a tenancy agreement in Ghana regardless of the property type. This checklist below serves as a guide and may not be limited to the list below, it can be elaborated upon or may be reduced to suit both parties.

  1. The names of all parties involved
  2. Property identification and Address
  3. Lease/Rent agreement
  4. Monthly/ Annual rent payments
  5. Security deposit- When a deposit can be fully or partially withheld, for example, when tenants caused damage
  6. Tenancy start and end dates - details about when and how the rent will be reviewed
  7. Responsibilities of tenants and landlords
  8. Inability to take possession of a rental property
  9. Rights of access - Limitations on use of the premises
  10. Grounds for termination
  11. Assignment and subletting
  12. Utilities and maintenance responsibilities
  13. Insurance
  14. Notices - Termination of tenancy
  15. Entire agreement

Short Let Agreement

Below is a short Tenancy agreement with credits to one of the top property management companies in Ghana Talis Property services.

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:

  1. The Landlord is the legal and beneficial owner of the furnished/ unfurnished …………………………. (hereinafter called the “Property”)
  2. 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”).
  3. The Landlord has agreed to let the Premises to the Tenant on the terms stated in this Agreement.

HEREBY AGREED AS FOLLOWS:

  1. This Agreement shall commence …………………. and expire on ………………………
  2. To pay in advance a Rent ……………………
  3. A refundable security deposit ……………………. shall be paid with this agreement and an extra deposit charged for any additional rental period.
  4. All rents due are payable in the Ghana Cedi equivalent at the prevailing interbank rate confirmed by both parties.
  5. Rent paid to exclude/ includes DSTV, internet subscriptions, cleaning and utilities unless otherwise agreed.
  6. Continued occupancy after the expiration date stated herein, shall attract a daily rate of ……………………………
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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

Deciding a rent in Ghana is not the sole decision of the landlord. In Ghana, we have the rent control body which provides guidance in pricing the rent of the place. Ghana’s Rent Control policy adheres to the rent Act of Ghana 220. This act was signed in 1963 and is a requirement by the Rent Control Division. As a legal body, it outlines the relationship between a landlord/lady and their tenant. Its main agenda is to serve the interests of both parties by describing their responsibilities.

The rent law of Ghana encourages tenants to take care of the property and pay utility builds hence any destruction to an owner’s property is punishable by law. In addition, the eviction clause prevents unlawful eviction before the tenancy period is complete. However, there is a provision for the landlord to terminate the contract requiring tenants to vacate the premises with a three months notice. Though disregard for rules may warrant a week’s notice instead.

If at any point there is a detection of violation to the agreement, guidance can be sought from Rent Control Ghana.

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