Iqbal Mohammed is a barrister regulated by the Bar Standards Board & practices from St Philip Chambers.

Property Litigation

Iqbal's property practice includes the following work.

 

COMMERCIAL PROPERTY/LEASES

 

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

 

LANDLORD & 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 deposits; 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.

 

OTHER CLAIMS

 

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. Boundary disputes; nuisance; interpretation or enforcement of restrictive covenants; and access to neighbouring land.

 

EXAMPLES OF WORK IN 2018

 

  • 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 

  • 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