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HOUSING, LANDLORD & TENANT
Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) (Respondent) v Blacks Outdoor Retail Ltd (Appellant)
Case summary
Case ID
UKSC/2021/0027
Parties
Appellant(s)
Blacks Outdoor Retail Ltd
Respondent(s)
Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands)
Issue
Whether the Court of Appeal erred in its construction of a provision in a commercial lease concerning service charges.
Facts
Blacks rented commercial retail premises from S&H pursuant to two leases dated 2013 and 2018 respectively (the Leases). S&H claimed service charge arrears from Blacks for 2017-2018 and 2018-2019 under the Leases. The Leases provided that S&H shall calculate the total cost of various services and expenses. Once this was ascertained, the Leases provided that S&H would give Blacks a certificate with the amount of the total cost and the sum payable by Blacks. Blacks argued that the service charges were excessive and not properly due under the Leases.S&H made an application for summary judgment in respect of the money claim for the certified service charges, which was dismissed by Deputy Master Bartlett in the High Court. S&H’s appeal was dismissed by Kelyn Bacon QC, sitting as a Deputy Judge of the High Court. The Court of Appeal allowed S&H’s second appeal and entered summary judgment on the claim for certified service charges. Blacks now appeals to the Supreme Court.
Date of issue
20 January 2021
Judgment appealed
Judgment details
Judgment date
18 January 2023
Neutral citation
[2023] UKSC 2
Judgment links
Judgment summary
18 January 2023
Appeal
Justices
Hearing dates
Start date
8 November 2022
End date
8 November 2022
Watch hearings
8 November 2022 - Morning session
8 November 2022 - Afternoon session
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Last updated 16 April 2024