What Does The Rent Law Say?

 
 
By Sebastian R. Freiku
 
IN GHANA, there is this genre of Homo sapiens called Landlords or Landladies who make the species called tenants uncomfortable. A landlord (landlady) is a person who owns and rents property for the purposes of boarding. The tenant is a person who pays rent to occupy the house.

 
As I was saying, some landlords are making life unbearable for tenants in the face of the Rent Law 220 of 1963, so much so that I think some landlords are simply not human. The behaviour of some of them smacks of madness, to say the least.

 
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 sun sets.

 
There are yet another type of landlords who would not countenance visitors in the name of security, while others simply think tenants are not human and a nonentity.

 
It is in view of some of these excesses that Parliament on December 12, 1963 gave its assent to the 220th Act of Parliament which became the Rent law or simple the Rent Act of 1963 to control rent and provide for related matters. What does the Rent law which with all intents and purposes is supposed to be applicable to all premises in Ghana say?

 
For the effective administration of the law, competent officers are required to discharge the functions in areas under the Act for which they are appointed. There should also be a Rent Magistrate to discharge functions including orders for the ejection of any tenant from any premises situated within his area of jurisdiction.

 
Do landlords have any obligation under this law? I wish the Chief Rent Officer and his staff would embark on public education about this law. The provisions of this law require that a Rent Commissioner who shall be subject to the general or special directions of the Minister, be charged with the responsibility of the general administration of the Law.

 
Officers for the administration of the law include Chief Rent Officer for Ghana, Principal Rent Officers for areas, Senior Rent Officers for areas, Senor Assistant Rent Officers for areas, Assistant Rent Officers.

 
Part VI of the Act says landlords are prohibited from collecting rent increase resulting from increase in rates without notice. No landlord of any premises shall serve a notice to quit on a tenant of such premises within two years from the date of any assessment, order or decision of any appropriate Rent Officer of Rent Magistrate.

 
The law also controls sub-letting of any premises by a tenant without the written consent of his landlord. If he should do that it must be done in writing within fourteen days.

 
For the purposes of this piece, I would dwell on the offences of landlords and tenants in the face of the Rent law dealt upon in Part VII.

 
It is stated that it is an offence for every person who in respect of any premises; (a) demands or receives more than the recoverable rent for such premises notwithstanding any lease to the contrary (b) demands or receives any consideration, whether in cash or in kind and whether by way of rent, fine, premium or otherwise, for the grant, renewal, continuance or assignment of any tenancy.

 
According to the law, it is also an offence for any person to act as an agent or broker or go-between and demand or receive for his services in connection with the procuring of any grant, renewal continuance or assignment of a tenancy, any consideration which exceeds five percent of the recoverable rent for one year of the premises. Are agents listening?

 
Fourthly, any person who enters into or carries out any fictitious or artificial agreement which has the effect of attempting to defeat the objectives of the Rent Act also commits an offence.

 
The law also says somewhere that “any person who as a condition of the grant, renewal, continuance of a tenancy demands in the case of a monthly shorter tenancy, for payment in advance of more than a month rent or in the case of a tenancy exceeding six months, the payment advance of more than six months rent shall be guilty of an offence and shall upon conviction by the appropriate Rent Magistrate be liable to a fine not exceeding one hundred pounds.”

 
The most important thing is that that offence is punishable by a fine which can be computed in today's currency. There are also offences which are committed by agents in which case such an agent or servant shall be liable to the like penalty as if he were the landlord or tenant as the case may be.

 
Part VII clause 27 (1) states that “every person who shall do any act whatsoever or refrain from doing anything which the conditions of the tenancy require him to do, with the intent to compel the lessee of any premises to give up possession thereof shall be guilty of an offence and shall on conviction by the appropriate Rent Magistrate, be liable to a fine not exceeding 50 pounds.

In fact, the Law has provisions on obligations of tenants, landlords and excess rent paid in advance by tenants to landlords.

 
In spite of agitations for a review of the Rent Law over the years, rent charges have become a perennial issue in the Ghanaian society, especially in the metropolitan and fast developing cities where some landlords would want to amass profits at the expense of tenants.

 
The unfortunate situation has been attributed to the situation where demand for housing outstrips supply. Many house owners and accommodation agents have gone exploiting home seekers in ways that contravene the Rent Act (220) enacted in parliament in 1963.

This 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.  

 
Rent officers have a duty to educate the public on all these provisions but the question is: Do our Rent Officers really know the law? What do Rent officers do in the face of these offences? They are a part of the problem tenants' face in this country.

 
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. Certain aspects of the Act need some amendments 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.