Wales Pre-Notice Compliance Requirements: Schedule 9A Explained

Serving a no-fault possession notice in Wales isn't just about picking the right form and giving six months' notice. Before you can serve Form RHW16 under section 173, you must have every item on the Schedule 9A compliance list ticked off. Any single failure is an absolute statutory bar — the notice is void, and the court will refuse possession.

This catches landlords who assume the process is "serve notice, wait six months, go to court." In practice, most of the work happens before you serve anything.

The Full Schedule 9A Checklist

Written Statement of the Occupation Contract

For a new contract, you must issue the written statement within 14 days of the occupation date. For a converted contract, the deadline was 31 May 2023 (six months after conversion on 1 December 2022). If you provided it after the applicable deadline, a six-month restriction bar starts from the date you actually delivered it. That means if you belatedly issue the statement today, you cannot serve a section 173 notice for another six months after that.

Landlord Address for Service (Form RHW2)

For a new contract, Form RHW2 must be served within 14 days of the occupation date. For a converted contract, the deadline was 31 May 2023. This is your address for formal communications. If it hasn't been served, no-fault notice service is barred until you cure it. Unlike the written statement, there's no additional six-month delay after curing — once served, you can proceed immediately.

Deposit Protection

The tenancy deposit must be secured in one of the approved schemes (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) within 30 days of receipt, and the prescribed information must be served on the contract-holder. Failure bars section 173 and section 186 notices. The bar can be lifted by returning the deposit in full or resolving any deposit claims through the courts.

No Prohibited Payments

Under the Renting Homes (Fees etc.) (Wales) Act 2019, if you've taken any prohibited payment from the contract-holder — or you're holding a holding deposit you weren't entitled to keep — no-fault notice service is barred until you repay the money in full.

Rent Smart Wales Registration and Licensing

Under Part 1 of the Housing (Wales) Act 2014, you must be registered as a landlord with Rent Smart Wales, and whoever manages the property (you or your agent) must hold an active Rent Smart Wales licence. A notice served while unregistered or with an unlicensed manager is invalid.

Safety Certificates and Standards

Four separate requirements fall under this heading:

• Gas safety record: A valid annual gas safety certificate must be provided before occupation and renewed annually. No certificate means no valid section 173 notice.
• EICR: A valid Electrical Installation Condition Report under the five-year inspection cycle must be supplied. Missing or expired EICR is a bar.
• EPC: A valid Energy Performance Certificate must be in place.
• Smoke and CO alarms: Under the Renting Homes (Fitness for Human Habitation) (Wales) Regulations 2022, the property must have mains-powered interconnected smoke alarms on every storey and carbon monoxide detectors in rooms with fuel-burning appliances.

What "Absolute Bar" Actually Means

Schedule 9A operates as a hard gate. It's not a factor the judge weighs in the balance — if the precondition isn't met, the notice fails. The court doesn't have discretion to overlook a missing gas safety record because everything else was perfect. This is different from discretionary grounds (like breach under section 157/181) where the court makes a judgment call.

The Pre-Service Audit in Practice

Before you fill out Form RHW16, walk through each item above. Gather the evidence: the written statement with proof of delivery, deposit protection certificate and prescribed information, Rent Smart Wales registration number, current gas safety record, EICR, EPC, and proof of compliant smoke and CO alarms.

If anything is missing, fix it first. For the written statement, remember the six-month penalty for late delivery. For safety certificates, arrange the inspection and serve the report. For deposit protection, protect the deposit and serve the prescribed information — or return the deposit entirely.

Only once every item checks out do you move on to completing and serving the notice. Skipping this step is the single most common reason section 173 notices fail in the County Court.

For a printable pre-notice compliance audit worksheet and the full notice process end to end, see our Ending an Occupation Contract in Wales guide.

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