Wales Safety Certificates Before Serving Notice: Gas, EICR, EPC and Smoke Alarms

Missing a single safety certificate can block your Section 173 notice entirely. Under Schedule 9A of the Renting Homes (Wales) Act 2016, safety compliance is not optional paperwork — it is a statutory precondition that the court checks before granting possession.

Here is what each certificate requires and how a gap in any one of them bars you from serving a valid no-fault notice.

Gas Safety Record

You must provide a valid annual Gas Safety Certificate (CP12) to the contract-holder before occupation and renew it every 12 months. The inspection must be carried out by a Gas Safe registered engineer.

If the certificate has lapsed or was never provided, Schedule 9A bars you from serving a Section 173 notice. The bar lifts once you commission a new inspection, obtain a satisfactory certificate, and serve a copy on the contract-holder.

Properties without gas installations are exempt from this requirement, but you should confirm that in writing.

Electrical Installation Condition Report (EICR)

A valid EICR must be carried out by a competent person (typically a registered electrician with NICEIC, NAPIT, or equivalent qualification) and be no more than five years old, or younger if the report specifies a shorter interval. The report must be provided to the contract-holder.

An unsatisfactory EICR — one showing Code 1 (danger present) or Code 2 (potentially dangerous) results — means the installation is not compliant. You must commission remedial work, obtain a satisfactory re-inspection, and serve the updated report before any no-fault notice is valid.

Energy Performance Certificate (EPC)

Where an EPC is required, the property must have a valid certificate and a copy must be provided to the contract-holder. The minimum energy-efficiency rating is generally E unless a registered exemption applies. EPCs normally last 10 years, so they are less likely to lapse mid-tenancy than gas or electrical certificates.

If the EPC expires and no exemption applies, renew it and provide the valid certificate before serving a Section 173 notice.

Smoke and Carbon Monoxide Alarms

Under the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, every dwelling must have:

• A working smoke alarm connected to the electrical supply on each storey, linked to every other mains-connected smoke alarm
• A working carbon monoxide alarm in each room with a landlord-installed gas, oil-fired, or solid-fuel-burning appliance

Battery-only smoke alarms cannot replace the required mains-connected alarm on a storey. Additional battery-powered smoke alarms are allowed and do not have to be interlinked. The 2022 Regulations do not require carbon monoxide alarms to be hard-wired or interlinked.

You must also confirm in writing to the contract-holder that the alarms are installed and working.

How One Gap Blocks the Entire Notice

The court does not weigh these requirements against each other. If a Schedule 9A item required for the property is missing, expired, or not provided as required, the no-fault notice is invalid. Even if every other requirement is met — written statement on time, deposit protected, Rent Smart Wales licence active — one expired EICR or one missing required CO alarm can invalidate the notice.

The practical impact is severe. You spend six months waiting for the notice period to expire, file a £415 possession claim, and the contract-holder's defence points out the lapsed gas certificate. The court dismisses the claim. You fix the certificate, serve a new notice, wait another six months, and file again — another £415.

Getting Compliant Before You Serve

The safest approach is a full compliance audit before you start the notice process:

1. Check every certificate's expiry date against today
2. Verify that every certificate was actually served on the contract-holder (not just obtained)
3. Inspect smoke and CO alarms physically — a hard-wired system from 2018 might have a failed detector
4. Keep copies of all service records in your file

Our Ending an Occupation Contract in Wales guide includes a pre-service compliance audit worksheet covering all Schedule 9A safety requirements alongside deposit, written statement, and Rent Smart Wales checks — everything the court will verify before granting possession.

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