RENTAL LAW AND ITS APPLICATION

In an organized environment there is the need for the application of laws; these systems of rule are enforced through social institutions to govern behavior, without these systems in place people will act in a way and manner as they deem fit thus taking us back to the savage era where it becomes a survival of the fittest

According to Abraham Maslow’s theory of needs, physiological needs are thought to be the most important and as such they should be met first. One of the key elements under the physiological need is shelter, providing the necessary protection needed for an individual’s survival.

In Ghana the real estate market has seen a tremendous growth. The rental market in Accra is relatively large with 37.5% of all households renting. Only about 40.4% of households in Accra claim ownership of their houses while another 20.5% live rent free, the remaining 1.6% of housing is employer-provided.

The key players in the rental market are the landlord/landlady; a person who owns and rents a property for the purpose of boarding. The tenant is a person who pays rent to occupy a house. Most often, we do hear of issues between a tenant and a landlord. Some of these issues even result in conflict and violence. One may even ask, “Are there no laws or systems to govern such behaviors”?

Some landlords make life unbearable for tenants with series of ‘Dos and Don’ts’
There are instances where a landlord would not allow the male tenant to move in with his wife, while others would not entertain single tenants (bachelor or spinster). There are those who would want to lock the main gate as soon as the sunset and will not even countenance visitors all in the name of security.

Some tenants also contribute to how they are treated in a rented apartment. Some do not take good care of the facility and even go the extra mile of abusing some privileges given all because he or she has rented that particular place

On the 12^th of December 1963, Parliament gave its assent to the 220^th Act of Parliament which became the rent law or simply put Rent Act of 1963 to control rent and also provide for related matters. Although these systems have been put in place, many have called for reviews and amendment of this act in other to make it more effective and functional to the current rent situation in the country.

Rental market in Ghana is PRO-LANDLORD, where landlords have the upper hand. Rents can be freely negotiated in Ghana and also increases are not restricted

According to the rent act landlords can only charge 6 months’ rent in advance, and succeeding rents are due every 6 months however in practice landlords charge 1 to 3 years rent in advance, some do so because they face some financial difficulties, others take such huge sums of money from tenants to complete their house before the tenants move in. and some after doing so they end up chasing tenants for more money even when rent is not due. These instances could be attributed to the fact that demand of houses exceeds its supply hereby causing a shortage and leaving tenants at the mercies of landlords. Rental contracts last for the duration of the advance payment, usually one to three years. An option to renew can be included in the contract.

If the tenant wishes to pre-terminate a contract, he must inform the landlord three months in advance. In most cases, the tenant must look for someone to take over the lease for the duration of the contract, or wait for the repayment since the landlord may have invested or spent the money already.

The Rent Act was passed to protect the tenants from frequent evictions by the landlord, especially when the former are not able to cope with incremental rent increases. Under this law, a tenant is usually given time, usually three months, to find a suitable place to relocate before being asked to leave. He can only be ordered by the court to vacate the premises immediately if the landlord has demonstrated that the property is required for his or his immediate family’s personal use or that he wants to remodel and renovate. But even then, the tenant must still be given time to find a suitable place.

Evictions can be a problem in Ghana, especially when dealing with low-income tenants. The Rent Control Department which was established by the Rent Act (220) of 1963 for the purpose of establishing guidelines to monitor landlords and tenants relations. it is the primary authority responsible for resolving disputes between landlords, tenants, and other persons with interests in premises.

In fact, the Law has provisions on obligations of tenants, landlords and excess rent paid in advance by tenants to landlords but the law is seen to be weak and shallow thus making the Rent Control Department unable to carry out its constitutional mandate, leaving the poor renters at the mercy of some landlords who are not in any way ready to compromise with tenants in case of any misunderstanding.  Some challenges tenants face, in estimation, are as a result of rent officers not performing their duties

Rent officers have a duty to educate the public on the Rent Act and all its provisions, but the question is: Do our Rent Officers really know the law? What do Rent officers do in the face of these offences? In some instance of eviction where the land lord wants to evict the tenants faster, the landlord can bribe the Rent Control Officer and his staff to ensure that your papers will be processed faster and to get a favorable decision. This is not guaranteed because some tenants would rather “counter bribe” the Rent Control Officer than pay rent. If the landlord is unwilling to pay the bribe, his case will most likely be referred to the court after waiting a long time for a decision from the Department.  Another option is for the landlord to hire macho men and local hoodlums to scare away tenants.

Before the Law can be effectively applied, I suggest that serious amendments be considered. The Law must be seen to control landlords and tenants alike. There is the need for an amendment to make it more functional and relevant to the current rent situation in the country. The Law must be acceptable and work for the benefit of both parties.

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