Some of the major rights and responsibilities of the landlord and tenant in Ghana

Navigating Rights and Responsibilities: A Landlord-Tenant Guide in Ghana

Renting a place to live involves a mutual agreement between a landlord and a tenant, governed by the regulations of the Rent Act in Ghana. This act meticulously outlines the rights and responsibilities of both parties, and it's crucial for both landlords and tenants to understand these obligations. A Tenancy Agreement, signed by both parties, serves as the legal framework that regulates their interactions throughout the tenancy.

Tenant's Responsibilities:

Timely Rent Payment: Tenants are obligated to pay rent promptly and in the prescribed manner, as specified in the Tenancy Agreement.

Property Maintenance: It is the tenant's responsibility to maintain the property and its immediate surroundings in a clean and well-kept condition.

Noise Control: Tenants should be considerate of their neighbors and maintain a noise level that does not disrupt others.

Damage Repairs: Any damages to the apartment caused by the tenant, their family members, or guests must be repaired at the tenant's expense. Major damages should be promptly reported to the landlord.

Landlord's Access: Tenants are required to grant the landlord reasonable access to the apartment with advance notice for inspection and necessary repairs.

Notification of Prolonged Absence: If a tenant plans to be away from the apartment for an extended period, they should inform the landlord to ensure the property's security.

Move-Out Procedures: Upon vacating the property, tenants must provide the required advance notice and return the property in the same condition as when they moved in. Keys and entry codes should also be promptly returned to the landlord.

Reporting Necessary Repairs: If the apartment requires repairs not caused by the tenant, the issue should be reported to the landlord immediately.

Landlord's Responsibilities:

Tenantable Condition: Before a tenant moves in, the landlord must ensure that the property is in a habitable condition. This includes addressing issues such as roof leakages and maintaining the property's appearance.

Common Areas Maintenance: For properties with multiple tenancies, landlords are responsible for keeping common areas like hallways, stairs, yards, and entryways clean and well-maintained.

Utility Provision: Landlords must ensure that all essential utilities and services, whether publicly provided or supplied by the landlord, are operational and accessible for the tenant's use.

Tax and Rate Payments: It is the landlord's duty to promptly pay all taxes and rates associated with the property, such as property rates, rent tax, and ground rent, when due. Property rates are typically paid by the property owner to the Municipal or District assemblies in the property's location, not the occupier.

Compliance with Regulations: Landlords must adhere to all health, safety, housing, and building standards and regulations applicable to the property.

For a comprehensive understanding of your rights and responsibilities as a landlord or tenant in Ghana, as well as access to a wide range of real estate services, visit Sphynx Properties. Our experienced team is here to assist you with all your real estate needs.

Is the payment/collection of a Security Deposit really necessary in Ghana?

The Role of Security Deposits in Ghana: A Tenant's Guide

In the realm of renting property, the concept of a security deposit often raises questions, especially in Ghana. So, is the payment or collection of a security deposit genuinely necessary in the Ghanaian real estate landscape? Let's explore this topic.

Understanding Security Deposits

A security deposit is a sum of money that a landlord requests from a tenant at the start of a lease agreement. This financial commitment is meant to serve as a safeguard for the landlord against any potential damages or unpaid rent during the tenancy.

Unique Rental Practices in Ghana

In Ghana, rental practices have some unique characteristics, particularly concerning upfront payments. It's customary for landlords to collect a substantial sum referred to as 'rent advance' at the beginning of a lease. This practice often covers rent for several years, although it's important to note that Ghanaian law limits the collection of rent advances to no more than 6 months.

Security Deposits in Ghana

Given the prevalence of rent advances, the collection of separate security deposits is not very common in Ghana. Requesting both rent advance and a security deposit simultaneously can create a significant financial burden for tenants. Typically, a security deposit in Ghana is ideally equivalent to just one month's rent.

Handling Security Deposits

When a landlord does require a security deposit, tenants have options for its payment. They can either remit the deposit to the landlord directly or choose to pay it to the Estate Agent, who then holds it in a separate account. In cases where the tenant pays the deposit directly to the landlord, the landlord must subsequently deliver it to the Estate Agent. This ensures transparency and accountability.

Claims Against the Security Deposit

At the end of the tenancy, the landlord may make claims against the security deposit to cover costs associated with physical damage, cleaning, or unpaid rent. However, there is a limited timeframe within which such claims must be made. Ideally, both tenants and landlords should conduct joint inspections of the premises both before and after the tenancy. This practice allows for agreement on the condition of the property and helps prevent disputes over the security deposit.

The Return Process

If the tenant has maintained the property in good condition and has no rent arrears, they are entitled to a prompt return of the security deposit. The tenant can request the Estate Agent to return the deposit in writing at any time after the tenancy ends.

Resolving Disputes

In cases where there is a dispute over the security deposit, the Estate Agent plays a crucial role in investigating and determining how the money should be divided between the parties involved. This ensures fairness and transparency in the resolution process.

While the collection of security deposits may not be as common in Ghana due to rent advance practices, it can still serve as a valuable tool to protect both landlords and tenants. It's essential for all parties to understand their rights and responsibilities regarding security deposits and to engage in open communication throughout the tenancy.

For more insights into the Ghanaian real estate landscape and to explore a wide range of real estate services, visit Sphynx Properties. Our experienced team is here to assist you with all your real estate needs.