Iqbal Mohammed
Call: 2007
" " By

Real Estate Profile

Iqbal is a specialist commercial barrister. He only undertakes commercial litigation, which includes real estate and insolvency His real estate work often overlaps with commercial litigation. He is one of only two members of the Property Bar Association in chambers. His real estate practice includes:

Commercial property/leases: Claims involving disrepair, dilapidations or breach of covenant; claims for 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 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 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.

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.

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

Please see some examples of Iqbal’s real estate cases in 2018 under Recent Experience.

  • Recent-Experience

    click here >
      • Acting against a QC in a claim involving a rider fraudulently added to a 10-year lease entitling the landlord to terminate the lease on 3 months’ notice - Fraud
      • Successful appeal in the Upper Tribunal against the dismissal of an adverse possession claim - Appellate work
      • 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 - Breach of lease
      • Instructed on 4 claims by LPA Receivers seeking possession of commercial properties, all secured against a loan of £1m - Enforcemen
      • 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 - Fraud
      • Bringing a claim in ignis suus and Rylands v Feltcher against a local authority, whose warehouse burned down causing the claimant's neighbouring business loss - Fire
      • 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 - Lease

  • Qualifications-and-Appointments

    click here >
      • Law LLB (Hons), University of Warwick
      • Bar Vocational Course, BPP Law School

  • Professional-Associations

    click here >
      • Commercial Bar Association (ComBar)
      • Midlands Chancery and Commercial Bar Association (MCCBA)
      • Associate of the Chartered Institute of Arbitrators (ACIArb)
      • Property Bar Association