One of the most frequent sources of conflict between landlords and tenants in Ghana is the question of repairs. When a pipe bursts, a roof leaks, or a door handle breaks, the immediate question is always: “Who is responsible for fixing this?” In Ghana, the Rent Act, 1963 (Act 220) and the specific terms of your tenancy agreement provide the legal answers. This article breaks down the responsibilities of both parties to ensure a peaceful living arrangement.

Structural vs. Minor Repairs

In the absence of a specific agreement to the contrary, the general legal principle in Ghana distinguishes between structural repairs and minor maintenance. Structural repairs, which affect the integrity and habitability of the building, are almost always the landlord’s responsibility. Minor repairs resulting from daily use are typically the tenant’s responsibility.

Landlord’s Responsibilities

Under the Rent Act, a landlord has a legal obligation to provide a property that is fit for human habitation. This includes:

• Structural Integrity: Fixing major cracks in walls, foundation issues, and roof leaks.
• External Maintenance: Painting the exterior of the building and maintaining common areas (in apartments).
• Major Systems: Repairing major plumbing issues (main lines), electrical wiring faults, and permanent fixtures like water tanks or pumping machines (unless damaged by tenant negligence).
• Natural Wear and Tear: Replacing items that have reached the end of their natural life, such as old roofing sheets or ancient wiring.

Tenant’s Responsibilities

Tenants are expected to use the property in a “tenant-like manner.” This means they are responsible for:

• Internal Maintenance: Replacing light bulbs, fixing broken door locks, and repairing leaking taps or clogged drains caused by misuse.
• Damage Caused by Negligence: If a tenant or their guest breaks a window, stains the carpet, or damages a cabinet, the tenant must pay for the repair.
• Cleanliness: Keeping the interior of the premises clean and free from pests.
• Reporting Issues: A tenant has a duty to inform the landlord promptly of any major defects. Failure to report a small leak that turns into a major flood could make the tenant partially liable for the damage.

The Importance of the Tenancy Agreement

While the Rent Act provides a baseline, the Tenancy Agreement is the most important document. It can specify exactly who pays for what. For example, some agreements state that the tenant is responsible for all repairs under a certain amount (e.g., GHS 200). Always read your contract carefully before signing.

What if the Landlord Refuses to Repair?

If a landlord refuses to carry out essential structural repairs, a tenant should not simply stop paying rent. This is a breach of contract. Instead, the tenant should:

1. Write a Formal Request: Send a written notice to the landlord detailing the repairs needed.
2. Contact Rent Control: If the landlord ignores the request, report the matter to the Rent Control Department. They can order the landlord to carry out the repairs.
3. Repair and Deduct (With Caution): In some cases, with written permission from Rent Control, a tenant may be allowed to pay for the repairs and deduct the cost from future rent. Never do this without official authorization.

Conclusion

Clear communication is the key to avoiding repair disputes. Landlords should ensure the property is in good shape before a tenant moves in, and tenants should treat the rented house with care. By understanding the legal distinctions between structural and minor repairs, both parties can protect their rights and maintain a positive relationship.