If you’re reading this article then you’re a landlord, or tenant, or other person who is interested in the rent act.
The Ghana Rent Act is called RENT ACT, 1963 (ACT 220)
In this article, we have summarized the 24 page full text of the Act in 3 main parts.
Click here to download full text in PDF format
PART 1
Application of the Act: The Act applies to all premises in Ghana, with specific exemptions listed in subsection (2) of the main article. These exemptions include:
certain premises leased by the government.
leases of land without premises
premises demolished and rebuilt within five years
certain certified leases
market stalls owned by a council
premises under other rent control legislation.
premises prescribed by regulations.
Administration of the Act: This part establishes the administrative structure for implementing the Act. It includes the appointment of a Rent Commissioner responsible for general administration, along with various officers at different levels for specific areas.
Functions of Appropriate Rent Officers: This section is about the functions and powers of Rent Officers, including assessing recoverable rent, investigating complaints, preparing rent registers, maintaining vacancy registers, conducting inspections, prosecuting offenses, and other functions as directed by the Minister.
Rent Magistrate: The Rent Magistrate is empowered to decide on appeals regarding recoverable rent assessments, other matters, and ejectment orders. The Rent Magistrate’s decisions on recoverable rent are final, subject to High Court review on questions of law.
Assessment of Recoverable Rent: Landlords, tenants, or other interested parties can apply to Rent Officers for the assessment of recoverable rent. However, an application won’t be entertained if a previous assessment has been made, unless certain circumstances like material alterations or fraud, misrepresentation, or mistake are demonstrated.
This part essentially establishes the framework for the administration and implementation of the Rent Act, defining the scope of its application, the administrative structure, and procedures for rent assessment and dispute resolution.
PART 2
The second part of the Ghana Rent Act talks about the Administration of the Act. It establishes the appointment of various officers, including a Rent Commissioner and different levels of Rent Officers, tasked with functions such as assessing recoverable rent, investigating complaints, maintaining records, and more. The functions and powers of these officers are outlined, along with procedures for appeals and assessments of recoverable rent. Additionally, it specifies the powers and duties of Rent Magistrates, including the authority to assess rent amounts, decide appeals, and order ejectment. The section also addresses the finality of a Rent Magistrate’s decision on recoverable rent and other powers they possess
PART 3
This final part of the Ghana Rent Act highlights the various provisions related to compensation for improvements made by tenants, control of sub-letting, restrictions on landlords serving notice to quit, offenses, obligations of statutory tenants, regulations, and definitions
- Section 21 outlines that tenants who make improvements to their premises with the landlord’s approval and are later asked to vacate before the prescribed period are entitled to compensation for those improvements, to be determined by the appropriate Rent Officer.
- Section 22 regulates sub-letting, stating that written consent from the landlord is required for monthly or shorter tenancies, and for longer tenancies, sub- letting cannot exceed the period of the original tenancy without written agreement.
- Section 23 prohibits landlords from serving a notice to quit within two years of a determination by the Rent Officer or Rent Magistrate, unless the lease is due to expire within that time frame.
- Section 24 specifies that Rent Officers cannot award costs and can only receive prescribed remuneration for their services.
- Part VII addresses offenses related to demanding excessive rent, inducement of tenants to quit, and demanding premiums from statutory tenants.
- Part VIII covers miscellaneous provisions including appeals, regulations, and definitions of terms used in the Act
As a landlord, what should you do if your tenants destroys your property or causes excessive trouble?
According to the Ghana Rent Act, if a tenant destroys the landlord’s property, the landlord can pursue legal action against the tenant. The act does not specify a particular course of action in this scenario, but generally, the landlord may seek compensation for the damage caused through civil proceedings. The landlord may also terminate the tenancy agreement and evict the tenant, depending on the severity of the damage and the terms of the lease agreement
As a tenants, what can you do if your landlord increases rent?
Yes, according to the Ghana Rent Act, a landlord can increase rent, but there are certain conditions and procedures that must be followed. The Act outlines that the recoverable rent, which is the rent at which the premises were let on a specified date, can be increased under certain circumstances. These circumstances include:
- If the premises were let furnished or with fixtures, the combined recoverable rent can be increased.
- If there is a change in the rates payable in respect of the premises, the recoverable rent may be varied accordingly.
- If there is an alteration in the terms of the lease requiring the tenant to pay rates, the recoverable rent can be adjusted.
- Any increase in rent must be communicated to the tenant in writing.
It’s important to note that any increase in rent must be reasonable and in accordance with the provisions of the Rent Act. Additionally, the Act provides mechanisms for tenants to challenge rent increases if they believe them to be unfair or unjustified.
As a tenant, can you challenge unreasonable rent increment?
The Rent Act provides mechanisms for tenants to challenge rent increases if they believe them to be unfair or unjustified.
Apply to the appropriate Rent Officer near you: Tenants can apply to the appropriate Rent Officer in the community to review the proposed rent increase. The Rent Officer has the authority to assess whether the proposed increase is reasonable and in accordance with the provisions of ghana’s rent act.
Appeal to a court of competent jurisdiction: If the tenant disagrees with the decision of the Rent Officer, they have the right to appeal to a court of competent jurisdiction. The court will then review the case and make a final determination.
