Landlords must follow legal process when recovering property – Rent Control

Landlords must follow due legal processes when reclaiming properties from absconded tenants, or risk facing legal consequences, the Rent Control Department has cautioned.

Emmanuel Hovey, Head of Public Relations and Senior Rent Officer at the Department, issued the warning during a media engagement, stressing that forceful repossession of premises is strictly prohibited under Ghanaian tenancy law.

“Landlords cannot take the law into their own hands. There are laid down procedures, and any attempt to break into a property or remove a tenant’s belongings could expose the landlord to liability,” Mr Hovey stated.

He explained that absconding typically occurs when a tenant vacates a rented property secretly or prematurely, often to evade rent arrears or other contractual obligations.

Despite the apparent abandonment, landlords are not permitted to tamper with the property or dispose of the tenant’s possessions.

In such cases, landlords are advised to report the matter either to the Rent Control Department or to a magistrate. The Department then issues an official notice, which is posted on the property for a period of 14 days. This notice invites the tenant to respond to the allegations and settle any outstanding rent.

Should the tenant fail to respond within the stipulated period, the case is referred to a magistrate for a lawful order authorising repossession.

Mr Hovey noted that this legal route protects both parties, granting landlords rightful access to their property while safeguarding tenants’ rights.

“Once the magistrate grants the order, landlords are given possession of their property. However, the tenant’s belongings must be kept safely for a further period to allow for retrieval,” he stressed.

This approach, Mr Hovey indicated, helps prevent disputes over missing items and promotes fairness.

The Department’s mandate, according to Mr Hovey, is to strike a balance between protecting landlords from financial loss and shielding tenants from unlawful eviction.

He urged property owners, particularly those managing multiple units, to familiarise themselves with tenancy regulations. Many disputes, he observed, stem from ignorance of the legal processes available.

“The message to property owners is simple: know the law, follow the law, and let the proper institutions handle tenancy disputes,” Mr Hovey advised.