Recovering Premises

Procedure for Recovery of Premises

The general overview of the procedure for the recovery of premises in Ghana (after any of the provisions under Section 17(1) has been triggered) is espoused as follows:

1. The landlord must give the tenant a notice of intention to recover possession of the premises. The notice must be in writing and must state the grounds for the recovery of possession.
2. If the tenant does not comply with the notice of intention, the landlord may then apply to the Rent Control Court or the High Court (depending on the jurisdiction) for an order for the recovery of possession. The application must be made on a prescribed Form, supported by an affidavit.
3. The tenant must be served with a copy of the application and the supporting affidavit, along with a notice of the date and time of the hearing.
4. The court will then hear both the landlord and the tenant and any witnesses they may call. The court may also order a visit to the premises to assess the condition.
5. If the court is satisfied that the grounds for the recovery of possession have been met, it may make an order for the recovery of possession of the premises. The order must be served on the tenant, and the landlord may then take possession of the premises.

It is important to note that the procedure for the recovery of premises may vary depending on the specific circumstances of the case. It is therefore advisable to seek legal advice before taking any action to recover possession of premises.

Conclusion

The purpose of the Rent Act’s statutory provisions is to provide a framework for resolving disputes between landlords and tenants in a fair and just manner. It ensures that both landlords and tenants are aware of their respective rights and responsibilities and that they follow the proper legal procedures in any dispute resolution process.

The provisions of the Rent Act provide a clear and objective basis for resolving disputes between landlords and tenants, which helps to prevent arbitrary evictions and protect tenants from abuse by unscrupulous landlords. By setting out these grounds for recovery of premises and the legal procedures for eviction, the law helps to promote fairness, stability, and security in the rental market in Ghana.

THE WRITER IS A BARRISTER AND SOLICITOR OF THE SUPREME COURT OF GHANA AND A MEMBER OF ZOE, AKYEA & CO LAW FIRM, ACCRA.

HIS LEGAL INTERESTS INCLUDE BUT ARE NOT LIMITED TO REAL/PROPERTY LAW, CORPORATE AND COMMERCIAL PRACTICE, CONSTRUCTION LAW, AND DISPUTE RESOLUTION.