Makola Law – His veiw/advice on “Nightmare On Blogodo Road”

Dear Reader,

  1. Our Rent Act is very socialist (you see, it was enacted in the 1960s). Normally, when a lease or tenancy ends, and the tenant chooses to remain in the premises, they enjoy an ‘Irremovable Status’ unless the law says they should go.
  2. Therefore, you will have to get a court order to remove a tenant who has overstayed the agreed period.
  3. You have not stated how long your lease was, but it is not a hard-and-fast rule that you should give a tenant 3 months’ notice to quit. Sometimes, it is less. Sometimes, it is even 6 months.
  4. If your tenant refuses to quit, you may want to consider suing them in a magistrate court.
  5. Having said all that, there is a concept known as ‘Self-Help’, where a property owner ‘helps’ themselves by throwing out the property of the tenant and locking up the premises. This has been upheld by the courts in some cases (although reluctantly).
  6. What you must know about ‘Self-Help’ is that you must not do it, if it will be resisted physically by the tenant, which might cause a brawl or an altercation.That would be a criminal offence.
  7. Another thing is you must ensure that the you have not accepted any rent from the tenant for a further period since the tenancy ended, or you would have waived your right to let them leave. Throwing them out whether by force or by putting inconveniences in their way, while they are still ‘legally’ in your premises, amounts to another offence – inducement to quit.
  8. The best and most risk-free advice I can give you is to sue them in a magistrate’s court.

Good luck.

Posted by Nana Yaw Asiedu at 2:19 AM

zulughana said…
Hello, thanks for your response…much appreciated. with regards to suing in a magistrates court, can i start now? i have issued her with a three month notice which is due on the 5th of April. The tenant was leased the property for 10 years. Two months before the lease was up, she requested an extension to which i refused.
February 23, 2011 4:41 PM
Nana Yaw Asiedu said…
Issue your writ (the document which commences the court process) on April 6.
February 26, 2011 3:57 AM

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