Can my landlord demand more than the allowed rent advance in Ghana?

Section 25(5) of the Rent Act makes it an offence, as a condition of granting, renewing or continuing a tenancy, to demand more than one month's rent in advance for a monthly or shorter tenancy, or more than six months' rent in advance for a tenancy longer than six months. A person convicted can be fined or imprisoned for up to two years.

For premises first let after 1 July 1960, the recoverable rent is the rent agreed at the first letting, unless the Rent Officer, the Rent Magistrate or the Minister has assessed a different rent (section 36). The Rent Officer can assess the recoverable rent when a landlord or tenant applies (section 5(1)(a)).

The Act also makes these acts offences under section 25(1), punishable by a fine or imprisonment of up to six months:

• Demanding or receiving more than the recoverable rent for the premises, whatever the lease says (section 25(1)(a)).
• Demanding or receiving any payment, such as a fine or premium, in money or in kind, for granting, renewing, continuing or assigning a tenancy (section 25(1)(b)).
• An agent, broker or go-between charging more than five per cent of one year's recoverable rent for finding the tenancy (section 25(1)(c)).
• Making you buy or hire furniture or fittings as a condition of the tenancy at more than a reasonable price (section 25(1)(d)).
• A landlord ejecting a tenant for failing to pay more than the recoverable rent (section 25(1)(g)).

• Keep your receipts, rent card, tenancy agreement and any messages about what you were asked to pay. Your landlord must give you a written receipt for every rent payment, showing the premises, the amount, the period and your name (section 33). For a monthly or shorter tenancy, the landlord must give you a rent card within seven days of the start of the tenancy (section 20).
• Complain to the Rent Officer. The Rent Officer must investigate complaints by a tenant about any matter in the Rent Act and make a determination (section 5(1)(b)), and can bring a prosecution before the Rent Magistrate (section 5(1)(h)).
• If you disagree with the Rent Officer's determination, you can appeal to the Rent Magistrate (section 6(1)(b)).
• Where a person is convicted under section 25, the Magistrate can order them to pay you any sum received above the rent lawfully recoverable, and any premium or agent's fee paid in breach of section 25(1)(b) or (c) (section 25(2)). You can also sue in a civil court to recover those sums (section 25(3)).

If the Rent Officer assesses the recoverable rent and you disagree, you can appeal to the Rent Magistrate within seven days of the assessment (Rent Act, section 12(1)).

Under the Limitation Act, a court claim founded on a simple contract, or to recover a sum of money recoverable under an enactment, must generally be brought within six years of the date the claim arose (section 4(1)).