Introduction
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.
Specialisms
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