Exploring Options for Debt and Rent Disputes

Disputes about money affect people on both sides. A lender who is not repaid may face hardship of their own, while a borrower may be struggling to meet many obligations at once. Landlords rely on rent, and tenants need secure housing.

How ADR can help with debts

Where a debt is not seriously disputed, the real question is often how and when it will be paid. Negotiation or mediation can help the parties:

• confirm the amount owed, including how it was calculated;
• agree a realistic repayment schedule;
• decide what happens if a payment is missed;
• record the agreement clearly in writing.

A realistic plan that is kept is usually better for both sides than a demand that cannot be met.

Landlord and tenant disagreements

Mediation can help with rent arrears, disagreements about repairs, deposit or rent advance disputes, and arrangements for ending a tenancy. However, landlord and tenant relationships in Ghana are subject to rent legislation, and the Rent Control Department has a role in many rent disputes.

ADR works alongside those rules, not in place of them. In particular, an eviction must follow the procedure required by law. A mediated agreement can set out a timetable for a tenant to move out, but it cannot authorise an unlawful eviction.

Preparing for a debt or rent discussion

• Gather the loan or tenancy agreement, receipts, bank and mobile money records, and relevant messages.
• Work out the figures and be ready to explain them.
• If you owe money, prepare an honest picture of what you can afford.
• Think about what would happen if no agreement were reached, for both sides.

Making an agreement that lasts

A good settlement agreement is specific: amounts, dates, method of payment and what happens if a payment is late. Both parties should keep a signed copy. If the agreement is not honoured, legal advice may be needed about next steps.

When ADR may not be enough

If a borrower is in serious financial difficulty with several creditors, broader financial or legal advice may be needed. And where a legal deadline is approaching, take advice promptly, because ADR does not automatically pause time limits.

This article is general information, not legal advice. For advice about your own situation, please consult a qualified lawyer.