RENT CONTROL UNIT

QUESTIONS AND ANSWERS:

  1. What is the rent control department and your mandate (Aims/Objective)?

ANSWER:

The Rent Control Division is one of the seven divisions under the Ministry of Water Resources Works and Housing. The division was established in 1963 by an ACT of parliament to be responsible for monitoring and establishment of guide lines relating to regulating of landlords and tenants’ relationship to create enabling environment for socio - economic of the state.

AIMS/OBJECTIVES

  1. To monitor and established guidelines for rental purposes.
  2. To promote peace and reconcile parties
  3. To regulate the activities of both landlords and tenants
  4. To create the enabling environment for socio-economic development

 

AREA OF JURISDICTION

The department operate on private residential premises, shops, kiosk, commercial premises, and industrial premises. Etc

 

  1. How rent control department does its operations?
  •  The rent control department function as a statutory arbitral court which require the attendance of parties to suit and sometimes witnesses.
  • We apply various Rent Regulations which have been categories into Forms for all the types of complaints reported at the office. These regulations help the Rent control department to perform its functions very effectively. Example Regulation28 (2) which is codified into Form 33 is used for summons, Regulation 13 (1) refers to Form 7 which is used for publication by an interested party, etc
  • Cases are scheduled for one week and there must be three sittings be the Rent Officer within which to give final ruling on a particular case.
  • parties to suit at the office can request for a copy of proceedings.
  • Every person summoned to appear before the appropriate Rent Officer/Rent Magistrate shall appear before such officers at the date, time and place specified in the summons. Failure to appear before Rent Officer would result in further legal action taken against you.

 

3. Type of Complaints

    1. Recovery of possession
    2. Nuisance and ejection
    3. Rent and electricity bill arrears
    4. Absconding
    5. Plead for extension of time
    6. Intervention
    7. Refund of rent in advance

3. What laws(s) support the work of Rent control Department?

    1. Ghana constitution PNDC L 163 and amendment in 1986.
    2. Rent regulation 1964 LI 369

4. What parties conferred on rent control department?

  • To require attendance of the parties and witness to a case
  • May require the discovery, inspection, and production of relevant documents.
  • May require the service of assessors or expects if necessary.

Some of the expects are:

  • Valuation board
  • Health and sanitation inspectors and other state institution like police service. We also refer some of the case to court if it is beyond our control.
  • May require landlords/tenants to furnish the office with necessary information for the discharge of his function.
  • The rent officer is mandated to use his discretion to determine any matter to referred to him.
  • The rent officer is prohibited from changing or altering any tem of condition of the Tenancy agreement except the revocable rent.

5. Who is /are entitled to rent room/s commercial apartments or shops?

Any person who is mentally sound and 18years and above be a citizen or non-citizen (the law state that any foreigner who has come to stay and work or established business MUST obtain work permit from the district assemble and residential permit Ghana from immigration service.

6.Who is/are entitled to lodge complains to your department?

      • Landlords
      • Tenants
      • Caretakers
      • Landlords children if both parents are no more alive  
      • Or any person who develop interesting in the premises

7. How rent control does its operation?

The office is arbitrational court and we require the attendance of the parties and witness for a particular case. We apply regulations 38(b) of rent acts which term as form 33 and this form 33 can be issued by only appropriate rent officer/rent magistrate for the person whom the complaint has been made. Regulation 38(a) is Form 32 a summons letter for witness to attend and give evidence to a particular state matter. Every person summoned to appear before the appropriate rent officer/rent magistrate shall appear at the date, time, and the place specified in the summons. Failure to appear would result on further legal action against you.

 

THE OBLIGATION OF THE LANDLORDS /LANDLADIES

1. Landlords are to ensure that their premise is in a tenantable condition before renting them out.

2. Issuance of receipt for the payment of rent in advance specifying

  • The amount paid and the date of payment
  • The subject matter
  • Name of the tenant
  • The signature of the landlord

3. Issuance of rent card within seven (7) days after the commencement of the agreement

4. Issuance of tenancy agreement within twenty-one (21) days after the commencement of the tenancy

5. Registration of the tenancy at rent control department (the number of tenants in your house and must be updating yearly).

6. Provide with relevant information to the rent control department especially with respect to vacant premises.

7.Provision of standard amenities in the premises. Eg Electricity, potable water, bathroom, kitchen, toilet, etc

8. Responsible for major repairs in the premises

9. Landlords are prohibited from increasing the monthly rent without a written notice to the tenants specifying the increase in rate.

10. To investigate and gather information about their would-be tenant to avoid rating rooms to people with questionable lifestyles. Example

  • The persons hometown
  • The job or type of business he/she is doing
  • If possible, you require for guarantor
  • Why he/she is vacating from the previous premises. Etc

11. To inspect and make sure that non-nationals obtain residential permit from Ghana immigration service and also obtain work permit from the district assemble before accepting them as tenants

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