ACTS OF GHANA

STATE HOUSING CORPORATION (EJECTMENT) ACT, 1970 (ACT 322)

ARRANGEMENT OF SECTIONS

Section

1. Power to Determine Lease on Failure to Pay Rent, Etc.

2. All Persons to Vacate Premises Upon Termination of Lease.

3. Offences.

4. Rights of Corporation Preserved.

5. Mode of Service of Notice Under Section 1.

6. Interpretation.

THE THREE HUNDRED AND TWENTY-SECOND

ACT OF THE PARLIAMENT OF THE REPUBLIC OF GHANA

ENTITLED

THE STATE HOUSING CORPORATION (EJECTMENT) (ACT, 1970)

AN ACT to provide for the ejectment of persons owing arrears of rent to the State Housing Corporation and persons who have sublet premises contrary to the terms of any lease under which the premises were let to them by the State Housing Corporation; and for other purposes connected therewith.

DATE OF ASSENT: 7th April, 1970.

BE IT ENACTED by the Presidential Commission and the National Assembly in this present Parliament assembled as follows:—

Section 1—Power to Determine Lease on Failure to Pay Rent, Etc.

(1) Where any person to whom any premises have been let by the State Housing Corporation (in this Act referred to as "the Corporation") fails for a period exceeding one month to pay to the Corporation the rent or any part thereof in respect of the said premises, then the Corporation may by notice in writing served on that person request him within two weeks after the service of the notice to pay to the Corporation all arrears of rent due in respect of the premises indicating in the notice that it will take steps to terminate the lease under which the premises were let to him upon failure to comply with the request.

(2) Where a person fails to comply with a notice served under subsection (1) of this section the Corporation may by a further notice in writing served on him terminate the said lease.

(3) Where any person to whom any premises have been let by the Corporation sublets the premises or any part thereof, contrary to the terms of any lease, then the Corporation may by notice in writing served on him terminate the lease.

(4) The Corporation may in addition to serving any notice as provided in the preceding subsection of this section cause a copy thereof to be served on any person for the time being occupying the premises in respect of which the notice is served.

(5) This section applies to any failure to pay rent or any subletting of premises whether it occurred before or after the commencement of this Act.

(6) In this Act "rent" includes an instalment of any capital sum required to be paid under an agreement providing for the hire-purchase of any premises and also any other sum liable to be paid to the Corporation under any lease.

(7) Where any premises have been let under a hire-purchase contract and at least 80 per cent of the hire-purchase price or such other minimum percentage thereof as may be agreed between the Corporation and the tenant or buyer, has been paid or tendered by or on behalf of the hire-purchaser or tenant, the Corporation shall not enforce any right to recover possession of the premises or its right of re-entry otherwise than by court action.

Section 2—All Persons to Vacate Premises Upon Termination of Lease.

Notwithstanding anything to the contrary in any other enactment, where a notice has been served under this Act terminating the lease in respect of any premises any tenant or other occupier of the premises shall, not later than fourteen days after the date of service of the notice or such later date as may be specified in the notice, vacate the premises and the Corporation shall be entitled to re-enter the premises, eject any such person therefrom using reasonable force and take possession thereof.

Section 3—Offences.

(1) Any person who—

(a) fails without reasonable excuse (proof of which shall be on him) to vacate any premises required to be vacated under section 2 of this Act, or

(b) obstructs the Corporation in the exercise of any power conferred on it by section 2 of this Act, shall be guilty of an offence and liable on summary conviction, to a fine not exceeding N¢100 or to a term of imprisonment not exceeding two months or to both; and in the case of a continuing offence shall be liable to a further fine not exceeding N¢5 in respect of any day on which the offence continues.

(2) Where an offence under subsection (1) of this section is committed by a body of persons,—

(a) in the case of a body corporate other than a partnership, every director, or officer of the body corporate shall also be deemed to be guilty of that offence, and

(b) in the case of a partnership, every partner shall be guilty of that offence:

Provided that no such person shall be guilty of an offence by virtue of this subsection if he proves that the offence was committed without his knowledge or connivance by a person other than himself and that he exercised all due diligence to prevent the commission of the offence having regard to all the circumstances.

Section 4—Rights of Corporation Preserved.

The provisions of this Act shall be in addition to and not in derogation of any rights of the Corporation to claim moneys due or which shall become due in respect of any premises or any other rights possessed by the Corporation by virtue of any lease under which the premises were let from the Corporation and accruing prior or subsequent to the determination of the lease under this Act.

Section 5—Mode of Service of Notice Under Section 1.

(1) The notice referred to in section 1 of this Act may be served in any of the following modes—

(a) by personal service, or

(b) by prepaying, registering and posting the notice, addressed to the person on whom the notice is to be served at his last known postal address, or

(c) by leaving it for him with some person apparently over the age of eighteen at his usual or last known place of abode or business, or

(d) in the case of a corporate body or an unincorporated body of persons, by delivering it to the secretary or clerk of the body at the registered or principal office of the body or serving it by post in accordance with paragraph (b) of this subsection on the secretary or clerk at his office and in addition to any of the above cases, or

(e) by affixing it or a copy of it to some conspicuous part of the premises in respect of which the notice is given under section 1 of this Act.

(2) Unless the contrary is proved a notice served by post in accordance with subsection (1) (b) of this section shall be deemed to have been served at the time at which the notice would have been delivered in the ordinary course of post.

Section 6—Interpretation.

In this Act "lease" includes any agreement for the letting of any premises whether oral or otherwise.