Living in a rented property with a leaking roof, broken plumbing, or electrical faults can be frustrating, especially when your landlord ignores your requests for repairs.
In Ghana, the Rent Act, 1963 (Act 220) clearly defines the maintenance obligations of a landlord.
This article explains your rights and the legal steps you can take when your landlord refuses to fix problems in your room.
The Landlords Duty to Repair
Under the law, a landlord is responsible for keeping the premises in a “tenantable state of repair.” This generally includes structural repairs, exterior walls, roofs, and main drainage systems. If the property was in good condition when you moved in, the landlord has a legal obligation to maintain that standard.
Tenantable vs. Petty Repairs
It is important to distinguish between major repairs and minor ones. While the landlord handles structural issues, the tenant is usually responsible for “petty repairs” caused by daily use, such as replacing light bulbs or fixing a lock they broke.
However, if a major system (like a water pump) fails due to age, it is the landlord’s responsibility.
The Right to “Repair and Deduct”
Can you fix it yourself and deduct the cost from your rent? Not without following the legal process. If you do this unilaterally, the landlord could sue you for rent arrears. To legally “repair and deduct,” you must:
- Give the landlord written notice of the defect.
- Give them a reasonable time to fix it.
- If they fail, apply to the Rent Control Department for an assessment and permission to carry out the repairs and set off the cost against future rent.
Reporting to Rent Control
If a landlord refuses to carry out essential repairs that make the room uninhabitable, you should file a formal complaint at the Rent Control Department. They have the power to inspect the property and issue an order compelling the landlord to carry out the repairs.
Conclusion
You have a right to live in a safe and well-maintained home. While it is always best to maintain a good relationship with your landlord through communication, do not hesitate to use the legal channels provided by the Rent Act if your living conditions are being neglected. Always keep records of your repair requests as evidence.