Iqbal is a specialist commercial & real estate barrister. He undertakes property, commercial and insolvency litigation. His property work often involves overlapping claims, for example, tort or contract. His real estate practice includes commercial lease disputes; claims under the Landlord & Tenant Act 1954; residential property; trusts/equity; injunctions and other claims (such as boundary disputes, adverse possession, nuisance etc). He usually appears in the Business and Property Courts as well as the Property chamber.
Iqbal Mohammed's property & real estate expertise include:
Commercial Lease Disputes: Claims involving disrepair, dilapidations or breach of covenant; forfeiture or relief from forfeiture; challenging s. 146 notices; unreasonable refusal to consent to assignment/transfer; disputes over commercial licences; claims or applications to determine the meaning of words or acts under a lease or agreement; claims against guarantors.
Landlord and Tenant Act 1954: claims under sections 25 or 26; claims involving the validity of opt-out agreements under s. 38A; disputes involving the applicability or extent of Part II of the Act.
Residential Property: Claims for possession; claims for rent arrears or disrepair; disputes over the nature of occupation (whether protected tenancy or otherwise); challenging the validity of tenancies; s. 146 notices or forfeiture of long leases; service charge disputes; disputes with managing agents or freeholders; partnership or business disputes involving residential lettings; claims against lettings agencies; claims against guarantors or third parties.
Trusts/Equity: Claims of beneficial interest in land; raising estoppel; disputes over the payment of deposit towards purchase price; property purchased in a personal relationship with or without a declaration of trust; family property; equitable relief involving land (declarations, specific performance); claims under Trusts of Land and Appointment of Trustees Act 1996; equitable leases.
Legal Charges/Mortgages: All manner of disputes involving mortgages or legal charges over land including failures to properly register legal interests in land.
Adverse Possession: Iqbal has acted in claims arising out of adverse possession of land as well successfully appealed decisions to the Upper Tribunal.
Injunctions: Injunctions restoring possession after forfeiture or resisting such injunctions; injunctions requiring access to land; injunctions against trespassers including travellers on commercial property or land belonging to local authorities; injunctions restraining interference with or use of land, including restraining nuisance, protecting an easement or right of way; injunctions to restrain harassment or disruption to quiet possession.
Other claims: Boundary disputes; nuisance; interpretation or enforcement of restrictive covenants; and access to neighbouring land.
Iqbal's recent cases include:
—Successful appeal in the Upper Tribunal against the dismissal of an adverse possession claim
—A 3-day trial of a claim for unlawful forfeiture and damages where the landlord had forfeit the lease for non-payment of rent and alienation but immediately demised the property in a new lease to another lessee
—4 claims by LPA Receivers seeking possession of commercial properties, all secured against a loan of £1m
—Advising on and drafting proceedings against a vendor over a holiday property sold in Turkey with defective title
—Acted in a claim seeking to avoid a lease signed by a deceased landlord who was disabled, 3-day trial on non est factum and fraud
—Claiming in ignis suus and Rylands v Fletcher against a local authority, whose warehouse burned down causing the claimant's neighbouring business loss
—Acted in a £1.12m claim for a local authority seeking specific performance where a tenant refused to execute a deed of variation after losing an expert determination under a rent review clause
—Disputing the validity of a rider to a lease permitting the landlord to terminate a 10-year lease on 3 month's notice on the grounds it was a fabrication