Property Litigation
Iqbal is a member of the Property Bar Association. His 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.
RECENT CASES
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Successful 7 day trial in London over the ownership of a London property between two former partners
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Successful appeal in the Upper Tribunal against the dismissal of an adverse possession claim
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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
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Advising on and acting for a council in a £1.12m claim for specific performance and breach of contract arising out of a refusal to honour an expert determination over a rent review; successfully resisted an appeal of the judgment (see article).
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4 claims by LPA Receivers seeking possession of commercial properties, all secured against a loan of £1m
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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
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Claiming in ignis suus and Rylands v Fletcher against a local authority, whose warehouse burned down causing the claimant's neighbouring business loss