Monthly Tenancy Agreement (Ghana)

A Monthly 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) is the principal legislation governing residential tenancies in Ghana. Section 1 of Act 220 applies to all premises let for residential purposes in Ghana. The Rent Control Department, established under PNDCL 138 and operating under the Ministry of Works and Housing, administers rent control for residential property in Greater Accra and other regulated areas of Ghana. The Rent Control Department maintains a register of rents, investigates complaints of excessive rent and unlawful eviction, and issues certificates of permitted rent for regulated residential premises.

A monthly tenancy in Ghana differs from a fixed-term tenancy agreement in that there is no predetermined end date — the tenancy continues from month to month until validly terminated. To terminate a monthly tenancy in Ghana, the party wishing to end the tenancy must give at least one month's notice in writing, expiring on a rent day, in accordance with the general law of landlord and tenant applicable in Ghana. The High Court of Ghana (Land Division) and the Rent Control Department handle disputes between landlords and tenants in Ghana.

The Monthly Tenancy Agreement (Ghana) should be distinguished from a Fixed-Term Lease, which runs for a specified period (typically one to two years for residential tenancies in Accra); from a Licences to Occupy, which confer a personal right of occupation without creating a tenancy; and from a Caretaker Agreement, which governs the appointment of a property caretaker rather than a tenant. The Landlord and Tenant (Amendment) Ordinance and the common law rules on quiet enjoyment, fitness for habitation, and the landlord's duty to repair also supplement Act 220 in Ghana.

A notable feature of the residential rental market in Ghana is the widespread practice of requiring tenants to pay rent two to three years in advance — a practice that, while not prohibited by Act 220, is regulated by the Rent Control Department and is the subject of ongoing policy debate in Ghana. The Rent Control Department sets guidelines on advance rent payments that parties should consult before executing any Monthly Tenancy Agreement in Ghana.

A Monthly Tenancy Agreement in Ghana is required whenever a landlord and tenant wish to create a flexible periodic tenancy that can be terminated by either party with the required notice period.

A Monthly Tenancy Agreement is needed when a tenant is relocating to Ghana for a short-term assignment or secondment and requires accommodation in Accra, Kumasi, Takoradi, or Tamale on a month-to-month basis, without committing to a fixed-term lease of one to two years.

A Monthly Tenancy Agreement is required when a landlord owns residential property in Ghana and wants to let it on a flexible basis while the property is awaiting sale, redevelopment, or a long-term tenant. A monthly tenancy documented in writing provides legal clarity on the rent amount, payment date, and notice requirements, and protects the landlord's ability to recover possession with proper notice.

A Monthly Tenancy Agreement is needed when a small business or sole trader is renting office space, a shop, or a workshop in Ghana on a short-term basis, and a full commercial lease is not yet appropriate. The Rent Control Department's jurisdiction covers residential premises, but commercial tenancies are governed by the common law of landlord and tenant and the terms of the written agreement.

A Monthly Tenancy Agreement is required when a tenant is holding over at the end of a fixed-term tenancy and both parties agree to continue on a periodic month-to-month basis while negotiating a new fixed-term agreement or while the tenant arranges alternative accommodation.

A Monthly Tenancy Agreement is needed when a tenant from the Ghanaian diaspora is renting family property in Ghana from a relative or community member and wants a formal written record of the rental arrangement, the agreed rent, and the mutual obligations of the parties.

Parties in Ghana should prepare a Monthly Tenancy Agreement (Ghana) in writing before the tenant takes possession. The Rent Control Department in Accra and other regions recommends that all residential tenancies be documented in writing and that the agreed rent be registered with the Rent Control Department to prevent subsequent disputes about the permitted rent level.

A valid Monthly Tenancy Agreement in Ghana under the Rent Act 1963 (Act 220) and PNDCL 138 should contain the following essential elements.

Parties: Full legal names, addresses, and contact details of the landlord and the tenant. Where the landlord is a company, its ORC registration number under the Companies Act 2019 (Act 992) should be stated. Where the tenant is an individual, their Ghana Card number (NIA) should be included for identification purposes.

Property Description: A precise description of the rented premises — including the house number, street, neighbourhood (e.g. East Legon, Labone, Osu, or Cantonments in Accra; Ahodwo or Nhyiaeso in Kumasi), district, and region — together with a description of the areas included in the tenancy (number of rooms, garden, parking, storage).

Rent Amount and Payment: The monthly rent in Ghana Cedis (GHS), the date on which rent is due each month (e.g. The 1st of each month), the method of payment (cash, bank transfer to a Bank of Ghana-licensed institution, or mobile money via GhIPSS-interoperable platforms), and the landlord's bank account or mobile money number for payment.

Security Deposit: The amount of the security deposit (typically one to two months' rent), the conditions under which the deposit may be retained by the landlord (unpaid rent, damage beyond fair wear and tear), and the obligation to return the deposit within a reasonable period after the end of the tenancy.

Advance Rent: In Ghana, landlords commonly request advance rent payments. The agreement should clearly state the number of months of advance rent required (if any), in accordance with guidelines issued by the Rent Control Department under PNDCL 138.

Use of Property: The permitted use of the premises (residential or commercial), restrictions on subletting and assignment, rules on alterations, and obligations on the tenant to use the property in a tenant-like manner.

Repairs and Maintenance: The landlord's obligation to maintain the structure and exterior of the property in good repair, including the roof, walls, drains, and external plumbing; and the tenant's obligation to maintain the interior in good condition, carry out minor repairs, and promptly report any significant defects to the landlord.

Utilities: Which utilities (electricity from the Electricity Company of Ghana - ECG, water from the Ghana Water Company Limited - GWCL, or private borehole) are included in the rent, and which are payable separately by the tenant.

Notice and Termination: The notice period required to terminate the monthly tenancy — at least one calendar month's written notice from either party, expiring on a rent day. Service of notice under Ghana's landlord and tenant law should be in writing and personally delivered or sent by registered post.

Governing Law and Dispute Resolution: The laws of the Republic of Ghana, with disputes referred to the Rent Control Department in the first instance, and thereafter to the High Court (Land Division) in Accra or the relevant regional capital. Forms-legal.com provides this template as a starting point for Ghana-compliant tenancy documentation.