Revoke injunction query

[TashyD]

Is it possible to request to revoke an (access) injunction as part of a counterclaim rather than completing the N244 form?


I have a draft defence but have struggled to obtain any legal advise due to so called "capacity" issues.


The injunction has been in place since 2022 and the terms are very oppressive and draconian. Certainly not in proportion to a repair that they failed to do first reported in 2018, so no urgency for an injunction.

It was also granted with no evidence provided by the claimant but it says " this order shall remain in force for so long as the claimant and defendant remain respectively landlord and tenant of the premises, unless before such time it is revoked by further order of the court"

It also says that the order is "adjourned generally with liberty to restore" but this has not been requested, although many other vindictive methods have been used by the Housing association due to using its complaints process to highlight its many failures.

Can someone please advise?

[JK2054]

sorry I don't quite understand your question. Your saying it was in place since 2022 so what is your counterclaim in regards to? Have they brought another claim?

I see you mention capacity issues, are you viewed to lack mental capacity? If so have you got a "litigation friend"?.

I see you say its adjourned generally with liberty to restore, but that wouldn't be on an order, it would be on a claim. You don't adjourn orders.

If you can try to explain a bit more I can help you, I'm just a bit confused with what's going on.

[TashyD]

Yes there are a few strange factors relating to this but it was in 2022. My defence/counterclaim will be similar to :-

Lack of reasonable cause

No evidence provided of any alleged breach ( based on the particulars of claim/witness statement)

There were alternative dispute methods available ( as the housing closed my complaint without informing me and then reopened it with a new reference and false information)

It is a malicious/vexatious claim in retaliation for using its complaints process, especially as main witness who brought this matter to court has now left the company due to a complaint raised about his conduct

An abuse of power/abuse of court process. Injunction granted without even listening to my evidence, despite the previous court order saying that it was not just or convenient and that I should have the opportunity to get advice and fully submit my witness statement

A recent NOSP was issued based on ground 12 ( as I have no rent arrears) for allegedly breaching my tenancy agreement but this is not evidenced or true.

The main point I am trying to establish is as they are using an old injunction order that has no end date, I want to get this revoked. It is being used to almost hold me to ransom when it suits,

The capacity issue is in the context of not having the capacity to deal with my issue due to demand, not sure how you came to conclusion of a mental issue....not quite got there yet!!

The order definitely says adjourned with liberty to restore on back page.

Glad I'm not only one that's confused.

Will see if I can put a redacted copy on here shortly

[TashyD]

Tried to attach images but too large, but as I stated 2nd page of order says "it is further ordered that....the claim be adjourned generally with liberty to restore"

[JK2054]

use an image size compressor and psot up the order so i can read it. hide only the claim number and party names.

[TashyD]

Is there some other way as I can reduce size by email for example

[atticus]

Are you wanting the injunction discharged immediately, or after the full trial of the case? If the former, you need to make a separate application.

[TashyD]

I just want it revoked by any means and need to know my options really. As it pretty much says this remains in place for as long as tenant/landlord relationship is in place ...this prompted me to use my right to acquire application again back in May, but they so vindictive they put my application on hold and applied to court for NOSP in Sept/Oct!!! This cannot be right


When you say I have to make a separate application, they have included the order from 2022 in their bundle, so this is why I ask is there options to set the possession order aside or revoke it on this basis?
There are no guidelines that allow them to put a RTA application on hold as it has strict timescales, but this was so that they could apply for a NOSP, which is the only reason that would make me not eligible to purchase my home.

They are basically trying to cover up many failures and so to make me lose my home rather than admit their own errors just because they can is easier I suppose.

Using ground 12 but providing no evidence of the breach but I still have to go through the whole court process

[JK2054]

we need to see the order, we cant help off guesswork. go to an image compressor on google and post up the resulant file here it will be smaller sizer

[TashyD]

[JK2054]

are you the claimant or defendant here?

[atticus]

The OP says s/he has prepared a draft defence!

[TashyD]

Yes that's correct...I am the defendant trying to stay in my home and get rid of the injunction order which is bring used to manipulate me!!

[TashyD]

Did anyone look at the order that I was asked to post in order to give some advice?

The first order says there is insufficient urgency and should dispose of the matter, but just a few weeks later and without hearing my witness statement ( as per the order) the injunction order was granted with no evidence used other then the claimants version of events heard at the previous hearing