Lindsay Felstead Property Litigation Solicitor Clarke Willmott Manchester

Lindsay Felstead

Partner - Property Litigation, Clarke Willmott Solicitors, Manchester

f:0345 209 2535

Lindsay is a Partner in the Property Litigation team with over 10 years’ experience in Social Housing. Lindsay was called to the Bar in 2000 and was subsequently admitted as a Solicitor in 2005.

Lindsay has provided representation on behalf of local, regional and national Housing Providers and Local Authorities in actions including: Anti-social behaviour injunctions and ASBOs; Committal proceedings for breach of Injunction or Undertaking; Claims for possession against tenants, trespassers and former tenants holding over; Demotion claims; Advising on and drafting tenancy agreements, licences, leases, notices, deeds, terms of demotion and policies and procedures; Leasehold and tenancy management issues; Common law injunctions for access, repairs, condition of property and unauthorised pets; Trespass and interim possession order proceedings; Costs negotiations and detailed assessment; and Judicial review and appeals

Lindsay has provided training to housing providers on all aspects of housing management and regularly speaks at national and regional conferences.

Lindsay has also spoken at regional Social Landlords Crime and Nuisance Group (SLCNG) meetings

Notable cases include: Places for People v Sharples [2012] and Leeds & Yorkshire v Vertigan [2010]

Experience

  • Possession: possession proceedings issued against a tenant of an older persons scheme who was a chronic alcoholic. ASB perpetrated by tenant and his dog including failing to clear up after the dog causing issues with foul smells within the block. Tenant deemed to lack capacity and so represented by the Official Solicitor. Contested proceedings. Outright order for possession made at trial due to tenants inability / unwillingness to modify behaviour albeit Defendant argued for no order for possession.
  • Injunction / possession: Injunction proceedings issued on a ‘without notice’ basis following reports that tenant had threatened violence to a neighbour who was a witness in possession proceedings that had already been issued. Possession of the property was obtained.
  • Housing Fraud: Instructed by a Social Housing provider in respect of recovering possession of a property where the tenant had died. There was a remaining occupant of the premises who advised that he was the tenant’s partner and that he wanted to succeed to the tenancy. The possession proceedings against the occupant continued to a contested trial where the court found that the Defendant had not resided at our clients premises as the tenant’s partner and made an order for immediate possession. A costs order was also obtained.
Service areas
  • Property litigation
    Property litigation
  • Social housing
    Social housing