1. Definitions

In these Terms and Conditions, the ff. expressions shall have the following meanings:

1.1. “We”, “Our” or “Landlord” shall mean our company, and whoever signs “Our” does so on behalf of the company

1.2. “Tenant” shall mean the person(s) natural or legal, approaching us for the purposes of the Tenancy, and/or named on the Tenancy Agreement. Where the Tenant is a natural person, the definition shall include any relative or partner whether business or personal. Where the Tenant is a legal person, the definition shall include any connected person or body of that company, and any parent company, subsidiary or member of the same group of companies

1.3. “Agreement” shall mean these Terms and Conditions concluded between the Landlord and the Tenant, as evidenced by their respective signatures on the Tenancy Agreement

1.4. “Property” shall mean the property to which this Agreement relates, identified on page attached to the Tenancy Agreement.

1.5. “Rent” shall mean all sums paid by or on behalf of the Tenant for the use of the Property, whether expressed to be rent or otherwise

1.6. The “Tenancy” shall mean the entire period for which the Tenant remains in the Property including any renewal or extension or periodic tenancy whether by way of further agreement or otherwise

1.7. “The Tenant is obliged to pay a monthly rent as indicated in the Tenancy Agreement. The monthly rent is subject to change or review after every 6 (six) months. This review is taken into consideration the inflation rate and economic indices.

1.8. “Whether the Tenancy Agreement is for a Short- or Long-Term, the Tenant shall Pay 2 (two) Months’ Rent Advance as Deposit plus the current rent. This Rent Advance shall be the collaterals against any damage caused by the tenant; it shall also be called “Security Deposit”.

1.9. “The Rent Advance shall be refunded to the Tenant after the Tenant has vacated the property and our house inspector has fully inspected the property and confirmed non-damage of the property.

1.10. “If the Tenant vacates the property in a dilapidated state, the Tenant might forfeit his/her Rent Advance depending upon the state of the damage and if the costs of repairs exceeds the deposit, the Landlord shall demand compensation from the tenant, and failure by the Tenant to heed our request might result to legal proceedings according to Ghana law.

2. Pre-instruction requirements

By signing this Agreement, you warrant that the following conditions, where applicable, have been met:

2.1. Sub-letting: if you are a tenant or leaseholder yourself,

• The intended Tenancy is permitted by the terms of your lease
• The intended Tenancy is for a period not exceeding that of your lease less one day
• Your Landlord’s written permission is obtained for the sub-letting

2.2. Insurance: you have adequate buildings and (if necessary) contents insurance to cover damages

2.3. Fire Regulations/Health & Safety: furnishings, heating and all other installations and equipment conform to all relevant statutory requirements and codes of conduct

2.4. Fittings & Equipment:  all equipment provided with the Property is in good working order prior to the commencement of the Tenancy.

3. Our services

3.1. Introduction Service

In providing the Introduction Service, Landlord will:

• Provide advice on an appropriate rental value for the Property
• Listen to, and act on your needs as a landlord
• Agree with you the price at which the Property is to be marketed
• Take and retain photographs of the Property for future dispute
• Accompany all prospective tenants through the Property during viewings
• Facilitate the establishing of a Standing Order mandate for the future payments of Rent by the Tenant, by providing the Tenants with our bank details where we are in possession of them

3.2. Property Management Service

In providing the Property Management Service, in addition to the services listed at Clause 3.1,

We will:

• Demand and receive rent on behalf of our company, within 10 calendar days of every month
• Arrange for the inventory to be checked at the termination of the Tenancy and a check-out report to be supplied
• Inspect the property at least three times during the Tenancy (at check-in, during the sixth month of the Tenancy and at check-out)
• Carry out additional „ad-hoc‟ inspections at your request, subject to an additional fee
• Hold the security deposit for the duration of the Tenancy and release these monies only with the consent of both parties following receipt by the parties of the check-out report
• The tenant shall pay the Council Tax, ground rent, service charge, if any to the local authority as long as he/she rents the property.
• Deal with day-to-day management matters including minor repairs, renewals and necessary replacements.
• Take responsibility for the day-to-day management of the Property including changes of tenancy and any cleaning of the public surroundings
• Take all reasonable steps to inform the relevant Local Authority and utilities companies (water, electricity and gas if applicable) of change(s) in occupation of the Property where we hold the necessary information
• Be appointed, in the absence of contrary agreement, for the duration of the Tenancy as defined above, subject to the right of either party to terminate on giving two months written notice. Such termination is without prejudice to the Landlord’s

4. Information applicable to all our services

4.1. Rent

The Rent quoted by us to prospective Tenants shall be inclusive of all the outgoings for which you are liable as the Landlord (such as ground rent, service charges) but exclusive of those payments for which a Tenant is commonly responsible (such as gas, water, electricity, other fuel charges, telephone, other communications charges and Council Tax or similar levy)

4.2. Remittance of rent through our banking arrangements must reflect on bank account by the end of the 10^th day of the month.

4.3. Inventories

We strongly recommend that an inventory clerk, independent of the parties to the Tenancy Agreement, is appointed to compile an inventory at the commencement of the Tenancy and to check it on termination.

4.4. Deposit

The security deposit required from the tenants is a sum equivalent to 2 months agreed upon rent.

This deposit will be held by the Landlord.

4.5. Inspections

It should be noted that all inspections carried out by us as part of our Property Management Service or requested by you on an ad-hoc basis are designed to highlight obvious and/or apparent defects and will not amount to a structural or other type of survey

4.6. Landlord & Tenant Act, Rent Act 1963 (Act 220) amended to Control Law 1986 (PNDCL 138)

We are obliged by law to include your full name and address on all rent demands.

Furthermore, you must supply an address in Ghana at which notices can be served upon you, to be included in the Tenancy Agreement. Unless otherwise instructed, if your correspondence address is outside Ghana, we will use the address of our business, organisation or representative address. We can also use your provided e-mail address or mobile phone to send notification, therefore we entreat you to update your information with us. Although we will use our best endeavours to forward any notices to you promptly, we cannot accept liability for any loss or damage arising directly or indirectly from our actions in this respect.

4.7. Tenancy Agreement

Unless instructed otherwise, we shall prepare an Assured Short-hold Tenancy for the purposes of the Tenancy. This tenancy will include a „break clause‟ allowing both the Landlord and Tenant to give two months’ notice for the termination of the Tenancy Agreement.

4.8. Courts and Tribunals

Applications for fair rent or appearances before the Rent Officer, Rent Assessment Committee or any other court or Tribunal will be by special arrangement only, and subject to Ghana Common Law.