Sara & Hossein Asset Holdings Ltd (a company incorporated in the British Virgin Islands) v Blacks Outdoor Retail Ltd [2023] UKSC 2 – UKSC Blog
On appeal from [2020] EWCA Civ 1521
The Appellant (“Blacks”) rented commercial retail premises from the Respondent (“S&H”) under two successive leases dated 2013 and 2018 (the “leases”). The leases stated that S&H as landlord should provide a certificate each year “as to the amount of the total cost and the sum payable by the tenant” and that this was to be “conclusive” in the absence of “manifest or mathematical error or fraud ” (the “certification provision”). Blacks refused to pay the service charge for the years 2017-18 and 2018-19, claiming that the service charge was excessive. S&H issued proceedings




