Most people know N215 forms are associated with court cases as they are issues at the same time. They can be used in a variety of instances, from disputes on who pays court costs to not having the right cp12 certificate as part of the landlord and tenant act 1954.
But what exactly are the circumstances in which an N215 must be given and how do you complete a form like this?
In this article, all will be revealed on the details of the form and how to fill it out correctly alongside some advice on the right time to use an N215.
It is a serious document that must be completed in the right manner in order to be used effectively. So read on for all of your questions to be answered.
What exactly is a court form N215?
An N215 form or a court form N215 is a certificate of service which is given as evidence to prove that a court has issued documents to the right person.
This means someone has to complete this form whenever someone applies for a court order in England or Wales
How to download a certificate of service
You can download a complete N215 form here with all the relevant sections that you need to fill out in order to bring someone to court following the correct legal processes.
Begin by shaving a read of the document and then getting all parties who need to sign it on board. Alternatively, you can read more about the form by looking here on the government website.
When is the right time to use an N215?
The certificate of service should be filled out completely before both parties can sign it at the bottom of the form. This includes making sure all the information is correct, such as the address and date of delivery.
Additionally, Court Form N215 must be signed by both parties when appropriate (i.e., if there are two people involved in the certificate of service).
This means there may be multiple signatures for one defending party or multiple signatures for one claimant.
Once everything has been finalised, the certificate then needs to be sent back to the person who issued the form so they can record it.
It is important to make sure that all steps have been taken properly in order for this certificate to be valid and you can issue it to the court in the right way
Does the claimant or defendant issue an N215?
The claimant or the person who opens up the court case is usually the one to issue a court proceeding. However, both parties need to sign it in order for the form to be valid.
This form can also be issued to the court by someone representing the claimant like a solicitor.
Only after it is found that both parties have signed it, no matter who issues the form, can the form then be taken seriously in court and processed in the right manner.
How should you make sure N215 court documents are served properly?
You can make sure the document of an N215 is served in the right way pretty easily by following all of the steps in the form without missing anything and reading it carefully.
In addition, filling out the form in block capitals and making sure there are no typos is crucial to making sure the court is able to process the document if you are filling it out by hand.
Common mistakes when issuing an N215
N215 forms are often rushed by those who want to quickly bring a matter to court. As a result, it is likely for someone to look over some of the basic steps that are involved in an N215.
This includes:
- Not given the correct method of service for the document
- Not collecting all of the defendant’s details
It is important to remember that unless both parties have signed the document in the right way the form will not be taken any further.
What does the date of service on the court form mean?
The date on the court form means the date in which you have given to the defendant to issue a court order. There will be a window of time given by the court after this date in which the court date will be issued.
So, for example if a claimant wanted to bring a defendant to court, the same day the N215 form was signed by them is the same day that must be dated on the form.
Be careful with this otherwise, the N215 form may expire and you could have to re-issue the form as it could expire.
How should landlords or agents issue an N215 notice?
Landlords more often than not are the claimants in the case of issuing an N215. Therefore, they should collect the form, fill out their details, give the form to a tenant to sign and then once they have signed it, date the form with the date in which the defendant (tenant) filled it out.
However, in rare cases, a tenant may wish to take a landlord to court in which it could be the other way round, the tenant will become the claimant and the n215 form will be given to the landlord who will be defending their case.
The reason why it is rare for tenants to issue n215’s is because they are more likely to go through more traditional methods of disputing with their landlord.
For example, going through a tenancy deposit scheme to make a complaint, and reporting landlords in landlord forums and landlord associations.
As well as using the support of their local council and also taking matters into their own hands and moving out of the property before matters get that bad.
What are all the sections to complete in form N215?
In order to guide you through filling out an N215, below are all the categories of the form that you will find once you download an attempt to fill it out.
No matter if you’re using an N215 following a section 21 or a section 8, the rules are still the same
The date of service
The date on the court form represents the deadline for the defendant to respond to the court order. After this date, the court will set a hearing date within a certain timeframe.
For instance, if a claimant wants to take a defendant to court, the date on the N215 form should match the date the form was signed by the claimant.
Care should be taken to ensure the form is not expired, otherwise, it may need to be reissued.
Name of the court
The exact name of the court must be given that the claimant hands in the N215 notice to. For example, if a landlord wants to bring a tenant to a small claims court because they haven’t complied with the rent increases due to section 13, they would likely go to a smaller court.
However, if there is a bigger case like if there is damage to a property or there is illegal activity within the premises then a larger court may be advisable and this would be written on the landlord’s form
The claimant’s details
This is where the person who is issuing the document to the court fills out their details. Things like their full name, date of birth, address and contact details will be written on this section of the form so the court or the defendant can get into contact.
The defendant’s details
In the same way as the claimant’s details, the defendant’s details are also collected.
The method of service
On an N215 form, there is a method of service that is given which is located on the left hand side of the form.
This includes whether the form should be shipped by delivery using the Royal Mail, in a document exchange or delivering the document at the permitted address of the court themself.
There are also other methods of delivery such as email and fax.
First class post or other next day delivery service
When you post your N215 form, make sure you know when it will arrive at the court by double checking this step.
Document exchange
The second day after it was left with, delivered to or collected by the relevant service provider provided that day is a business day; or if not, the next business day after that day.
Delivering the document at a permitted address
If it is delivered to or left at the permitted address on a business day before 4.30pm, on that day; or in any other case, on the next business day after that day.
Fax or another electronic method
If the transmission of the fax is completed on a business day before 4.30pm, on that day; or in any other case, on the next business day after the day on which it was transmitted.
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