34 RENT CONTROL IN KUMASI, GHANA "social evil' was prevented by the 1947 Ordinance, amended in 1949, making illegal the demanding of more than one month's rent in advance of monthly tenancies or three months' in the case of longer tenancies.

Under the Rent Control Ordinance of 1952, it was an offence to demand or receive key money. The 1963 Act limited rent in advance to one month in monthly tenancies and six months in longer tenancies. No legislation since enacted has changed the illegality of accepting or demanding advances.

With very low rents, it might be expected that recent empirical evidence would show side payments being made to landlords to secure accommodation. In Cairo, Mayo et al (1982) found that, even in a tightly controlled rental market, new building was still attracting investment because, inter alia, landlords could demand a large initial payment from prospective tenants. Thus, although rents remained low, the price tenants paid for housing (monthly rent plus initial payment) remained reasonably attractive to Anvestors.

In 1981, following sufficient preliminary analysis of the 1980 data to show how low reported rents were in Kumasi, a survey was done, under the author's guidance, as a final year project by a student of planning. She interviewed junior staff in three departments at the UJniversity of Science and Technology who were not living in university accommodation. As the interviews were conducted at the work-place, possible bias from the proximity of the landlord was removed. The respondents were asked about their rent, the utilities to which they had access, and what side payments, gifts, advances, services, etc., they made to the landlord. It was found that they did indeed only pay controlled rent and the proportion of rates and utilities charges for which they were legally liable (Edoo, 1982).

The 1986 survey and more recent observation and interviews with renters and officers involved in rent control show that there has been a rapid increase in the incidence of landlords demanding rent in advance. This was relatively rare before 1982 but, in 1988, almost all landlords demand rent in advrnce, sometimes for 5 years. The reason a landlord gives for demanding an advance is usually that he needs to carry out renovations and repairs. It is likely, however, that he is aware that he is making a gain by securing the rent as a capital sum rather than receiving it over a long period of time.

Rapid inflation renders fixed payments in the future less valuable. While advances are becoming universal for new tenancies in Kumasi, there is also evidence that sitting tenants are being asked for rent advances (usually of at least one years' rent). Such demands are being accompanied by threats of eviction if payment is not made. Inevitably, if eviction occurs, grounds are given which are within the law (see notes on Table 2.1) -- usually that the room is required for a relative. Many of the 100 cases per week brought before the Kumasi Rent and Housing Committee in 1987-88 are from tenants aggrieved at being evicted in this manner but there is little that can be done to redress their grievance if a relative of the landlord testifies to needing the room.

Contrary to our previous understanding of the advance system (Tipple 1986), the payment is offset against rents due, at the controlled rent per month. Thus, a worker giving an advance of C20,000 for a single room in sandcrete, will pay