Iqbal Mohammed

Experienced Barrister in Birmingham

Associate, Chartered Institute of Arbitrators

Tel: 0121 246 7000

Outside working hours: 0330 350 0660

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Iqbal is a specialist commercial barrister. He only undertakes commercial litigation, which includes property litigation and insolvency. Such claims may involve others claims, such as in equity. His real estate practice includes:

 

Commercial property/leases: Claims involving repairs, dilapidations or breach of covenant; forfeiture or relief from forfeiture; unreasonable refusal to consent to assignment/transfer; business tenancies and the Landlord and Tenant Act 1954; challenging s. 146 notices; claims under s. 26, Landlord & Tenant Act 1954; Disputes over commercial licences; injunctions to restore possession or prevent interference with use of property; claims or applications to determine the meaning of words or acts under a lease or agreement; claims against guarantors.

 

Iqbal also acts in disputes over business rates and fees or charges related to or applied on land.

 

Residential property: Claims for possession; claims for rent arrears or disrepair; injunctions to restrain harassment or disruption to quiet possession; disputes over the nature of occupation (whether it's a 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 deposits; property purchased in a personal relationship with or without 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.

 

Iqbal has acted in claims arising out of adverse possession of land as well as all manner of disputes involving mortgages or legal charges over land.

 

Other claims: Boundary disputes; rights to light claims; nuisance; trespass; interpretation or enforcement of restrictive covenants, easements and access to neighbouring land.

 

Property chamber: Iqbal has acted in cases heard in the Property Chamber (First Tier Tribunal) and is familiar with the Tribunal's rules. However, most of his practice involves cases in the County or High Court.

 

Examples of Iqbal's property work in 2017:

 

• A trial in the Property Chamber over £36,000 of disputed service charges for 6 flats in London

 

• Acting on and drafting pleadings for a claim involving a lease executed by a woman lacking capacity

 

• Bringing claims for a new tenancy under s. 26, LTA 1954, where either (1) the tenant overstayed on a non-excluded lease; or (2) the tenant claimed he had a tenancy but his landlord argued it was a licence

 

• Representing parents who paid £65,000 toward a deposit by way of loan but declared it as a gift to the lender; in another case, where the deposit was £32,000 but the parent claimed a beneficial interest

 

• Acting throughout in a claim made under ignis suus and Rylands v Feltcher against a neighbour by the insurer of a house which burned down; a claim exceeding £450,000; successfully mediated a settlement of £29,000

 

• Defending a claim for possession brought by a lender, where the debt and charge had been previously settled in full but the monies had been misappropriated; money claim for £288,000

 

• Acting for a major supermarket against a developer which sought to terminate the lease under s. 30, LTA 1954, in a £5m redevelopment. Resisted summary judgment application by arguing that s.31A applied.

 

• Advising a local authority on specific performance when a tenant refused to execute a deed of variation after losing an expert determination under a rent review clause

 

• Drafting and acting on an appeal to the Upper Tribunal after a client lost a claim for adverse possession in the Property Chamber

Property litigation