Month-to-Month Tenancy Agreement (Ghana)

A Month-to-Month Tenancy Agreement in Ghana records the terms on which a tenant occupies premises, including payment, repairs and notice requirements.

The Rent Act 1963 (Act 220) distinguishes between statutory tenancies — where a tenant in occupation of residential premises cannot be evicted without a court order from the Rent Control Department — and contractual tenancies governed purely by the terms of the parties' agreement. Under Section 17 of Act 220, a landlord may not recover possession of residential premises subject to the Rent Act without an order from the Rent Control Department or the High Court (Land Division) in Accra. A Month-to-Month Tenancy Agreement for residential premises in Ghana must therefore reflect the tenant's statutory protections under Act 220, including the right to receive proper notice before the landlord seeks to recover possession.

The Rent Control Act 1986 (PNDCL 138) established the Rent Control Department, which operates under the Ministry of Works and Housing and maintains offices in Accra, Kumasi, Takoradi, and other regional capitals. The Rent Control Department regulates rent levels for residential premises in Ghana, investigates complaints of excessive rent demands, and adjudicates disputes between landlords and tenants. Section 27 of the Rent Act 1963 (Act 220) specifies the notice periods required to terminate periodic tenancies: for a monthly tenancy, the notice period is one month or the interval between rent payment dates, whichever is longer. A Month-to-Month Tenancy Agreement should state the notice period required to terminate the tenancy, which must comply with Act 220.

The Land Act 2020 (Act 1036) is the principal legislation governing the creation, transfer, and registration of interests in land in Ghana. Act 1036 consolidated and replaced the State Lands Act 1962 (Act 125), the Administration of Lands Act 1962 (Act 123), and the Conveyancing Decree 1973 (NRCD 175). Under Section 4 of Act 1036, tenancy agreements for a term exceeding three years must be created by a deed registered with the Land Registration Division of the Lands Commission. A Month-to-Month Tenancy Agreement — being a periodic tenancy without a fixed term exceeding three years — is not required to be in deed form, but should be executed in writing and signed by both parties to be enforceable before the Rent Control Department or the High Court.

Ghana has a significant informal rental market, particularly in Accra, Kumasi, Takoradi, Tema, and Cape Coast, where landlords and tenants commonly operate without formal written agreements. The absence of a written tenancy agreement exposes both parties to uncertainty about the terms of the tenancy, the amount of rent payable, the responsibilities for maintenance and repairs, and the procedure for terminating the tenancy. A written Month-to-Month Tenancy Agreement protects both parties by recording the agreed terms and providing a reference point in the event of a dispute before the Rent Control Department or the High Court (Land Division) in Accra.

The Tenancy (Stamp Duty) Act and the Stamp Duty Act 2005 (Act 689) require tenancy agreements in Ghana to be stamped by the Ghana Revenue Authority (GRA) before they can be admitted in evidence in court proceedings. Stamp duty on tenancy agreements is calculated at the applicable rate on the annual rent or the total rent payable under the agreement. Failure to stamp a tenancy agreement does not invalidate the agreement between the parties, but prevents the agreement from being used as evidence in court until it is stamped and the applicable penalty paid.

A Month-to-Month Tenancy Agreement in Ghana is required whenever a landlord and tenant agree to a flexible periodic tenancy for residential or commercial premises where neither party wishes to commit to a fixed long-term lease.

A Month-to-Month Tenancy Agreement is needed when a tenant occupies residential premises in Accra, Kumasi, or another Ghanaian city on a short-term basis — for example, while waiting for a permanent residence to become available, while on a temporary work assignment, or while deciding whether to commit to a longer lease. The flexibility of a monthly tenancy allows the tenant to give one month's notice and vacate without incurring break penalty costs associated with a fixed-term lease.

A Month-to-Month Tenancy Agreement is required when a landlord of residential premises wants the flexibility to recover possession with relatively short notice — for example, because the landlord intends to sell the property, redevelop it, or occupy it personally. Under Section 27 of the Rent Act 1963 (Act 220), the minimum notice period for a monthly tenancy is one month, which is shorter than the six months' notice typically required to terminate an annual tenancy.

A Month-to-Month Tenancy Agreement is needed when a business occupies commercial premises on a short-term basis — for example, a startup occupying an office in the Airport City or Cantonments area of Accra while finalising a long-term lease, or a seasonal retailer occupying a stall at Accra Mall or Kumasi City Mall for a limited trading period.

A Month-to-Month Tenancy Agreement is required when an existing fixed-term tenancy expires and the parties wish to continue the tenancy on a periodic basis while negotiating the terms of a renewal lease. A written Agreement prevents the continuation from being characterised as a tacit renewal on the same terms as the expired lease, which would create a fixed-term obligation.

Parties should execute the Agreement before the tenant takes occupation of the premises, because the Rent Control Department and the High Court (Land Division) will apply the written terms of a properly executed Agreement in preference to oral arrangements or implied understandings.

Parties in Ghana should prepare a Month-to-Month Tenancy Agreement (Ghana) proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Land Act 2020 (Act 1036), the Lands Commission manages land registration in Ghana. Section 43 of the Land Act 2020 governs leases of stool and skin lands. The Office of the Administrator of Stool Lands (OASL) manages stool land revenue under Article 267 of the Constitution of Ghana 1992. The Land Court (High Court division) adjudicates land disputes. The Stamp Duty Act 2005 (Act 689) imposes duty on property instruments. Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A binding Month-to-Month Tenancy Agreement in Ghana under the Rent Act 1963 (Act 220), the Rent Control Act 1986 (PNDCL 138), and the Contract Act 1960 (Act 25) must contain the following essential elements.

Parties: Full legal names and addresses of the landlord and the tenant. Where the landlord is a company incorporated under the Companies Act 2019 (Act 992), its company registration number from the Office of the Registrar of Companies (ORC) should be stated. Where the landlord holds the property as a trustee for a stool or family, the capacity in which the landlord acts and the relevant customary authority should be identified.

Property Description: A precise description of the premises — including the street address, house number, district, region, and any reference to the land title certificate or land registration number recorded by the Land Registration Division of the Lands Commission. A description of the specific unit (where the premises form part of a larger building) and any car parking, storage, or garden areas included in the tenancy.

Rent Amount and Payment Terms: The monthly rent in Ghana Cedi (GHS), the due date for payment (typically the first day of each month), the method of payment (bank transfer, mobile money via MTN Mobile Money or Vodafone Cash, or cash), and the consequences of late payment including any late payment charge consistent with the Rent Control Act 1986 (PNDCL 138).

Rent Advance: Ghanaian landlords commonly require rent to be paid one to two years in advance. The Rent Act 1963 (Act 220) and the Rent Control Department's guidelines restrict advance rent demands for residential premises. The Agreement should state the advance rent amount demanded, the period it covers, and whether any portion is refundable.

Security Deposit: The amount of any security deposit, the conditions under which deductions may be made, and the timeline for refunding the deposit after the tenant vacates the premises. The Rent Control Department may intervene in disputes about deposit deductions.

Termination Notice: The notice period required to terminate the tenancy, which must comply with Section 27 of the Rent Act 1963 (Act 220). For a monthly tenancy, the minimum notice period is one month given to expire on the last day of a rental period. The Agreement should specify the form of notice (written notice, SMS, or email) and the address or number to which notice must be sent.

Maintenance and Repairs: Allocation of responsibility for maintenance and repairs between the landlord and the tenant. Under Ghanaian common law, landlords are generally responsible for structural repairs and the maintenance of services such as water supply and electrical installations, while tenants are responsible for minor internal maintenance and keeping the premises clean and in good order.

Use of Premises: A statement of the permitted use — residential occupation by the named tenant and their household members, or commercial use of a specified type — and restrictions on subletting, assigning the tenancy, or making alterations to the premises without the landlord's written consent.

Utilities: Allocation of responsibility for electricity, water, refuse collection, and other utility charges. Parties should specify whether utility accounts are in the landlord's or tenant's name and how shared utilities in multi-occupancy buildings are apportioned.

Dispute Resolution: Reference of rent disputes and possession claims to the Rent Control Department and, on appeal or in cases outside the Department's jurisdiction, to the High Court (Land Division) in Accra. Forms-legal.com provides this Month-to-Month Tenancy Agreement as a starting point for residential and commercial tenancies in Ghana. Landlords and tenants dealing with high-value or complex arrangements should seek advice from a solicitor enrolled with the Ghana Bar Association.