5 Things Landlords Are Not Allowed To Do In Ghana

Homeownership may be a dream of every Ghanaian, but in reality, roughly three out of every ten families in Ghana are renters. According to a 2021 Ghana Statistical Service report, nearly 46% of households in urban areas occupy rented housing units. 

Renting has become part of Ghanaian life, especially among the younger age groups and couples who are often priced out of the housing market. For this reason, the government of Ghana has laws protecting renters from landlords' actions. It’s therefore important for both tenants and landlords to understand these key prohibitions.

While landlords in Ghana do have certain legal rights when it comes to managing rental properties, there are five things property owners in Ghana should never do when they're renting out a property.

5 Things a Landlord Cannot Do To a Tenant in Ghana

Landlords in Ghana have legal obligations to tenants. Many of their actions are considered off-limits according to landlord-tenant laws. Here are 5 things landlords in Ghana simply cannot do to a tenant:

1. Enter a rental unit without proper notice

Even though the rented property belongs to them, landlords in Accra can’t enter a tenanted property without giving prior notice, except in cases of emergency. The notice can either be written or oral, but must outline the reason for access, and this must be at least a 24-hour notice, especially if they wish to enter an occupied property.

The law prohibits landlords from making unlawful entries into a rented property without the tenant's consent, except under specific circumstances outlined by law. However, there are certain situations where a landlord may be allowed to enter the rental property without the tenant's explicit consent. These may include:

• In cases of emergency, such as a fire, flood, or gas leak, the landlord may enter the property to prevent further damage or ensure the safety of the tenant and others.

• If the landlord needs to carry out necessary repairs or maintenance work, they may be allowed to enter the property after giving reasonable notice to the tenant.

• The landlord may be entitled to inspect the property periodically to assess its condition, but this should be done with reasonable notice and at a reasonable time.

• If a court grants a landlord the right to enter the property, they may do so under the terms of the court order.
   

2. Evict a tenant without due process

Landlords in Ghana can evict tenants for many reasons, but they must go through the proper legal procedure. However, they cannot just lock out a tenant without going through formal eviction proceedings. A landlord in Ghana who does not follow the right proceedings to evict a tenant may face a legal battle if they end a tenant's occupancy before the lease expires. 

This can result in a costly and time-consuming legal battle for the landlord. Therefore, it is crucial for landlords in Ghana to familiarise themselves with the legal requirements for eviction in Ghana and to follow them diligently. By doing so, they can avoid potential legal disputes and ensure that the eviction process is conducted fairly and lawfully for both parties involved. 

3. Raise rent without assessment 

According to the Rent Control Department, landlords in Ghana can not just raise rent without requesting an assessment. The assessment from the rent control department ensures fairness and reasonableness because the property's condition and the current market rent will all be assessed.

Again, landlords must also give proper notice; without it, it may render the whole thing a violation of the lease terms. This notice period allows tenants in Ghana to adjust their budgets and make necessary arrangements. Unfortunately, this is not the case in the rental market because tenants are always subject to constant rent increases without any assessment from the rent control department.

4. Discriminate Against Tenants

The rules forbidding discrimination come from the 1992 constitution. Article 17(1) ensures equality and freedom from discrimination and that all persons shall be equal before the law. So, discriminating against tenants based on race, religion, gender, tribe, and disability is a serious offense under the Constitution of Ghana. Landlords in Ghana are therefore reminded to be mindful of the things they say that may constitute housing discrimination against protected classes of tenants.

5. Confiscate a tenant’s personal property

A landlord in Ghana is not permitted to seize a tenant's personal belongings because the tenant fails to pay rent or refuses to vacate the premises after a lawful eviction. Landlords' rights are not absolute in Ghana, and they are advised not to take matters into their own hands. It is crucial to emphasize that this prohibition extends to all forms of property, including but not limited to furniture, electronics, clothing, and other personal items.