Universities Superannuation Scheme Ltd v Marks and Spencer plc
Language: English Series: Estates Gazette Law Reports ; [1999] 04 EG 158-161(4)Publication details: 1999Subject(s): Summary: CA 18 November 1998. The respondant tenant (M&S) holds a lease of a retail store in a shopping centre. The appellant landlord (USS) holds the reversion. M&S pay service charges, the amount of which is certified in writing by USS annually. The service charges are calculated by reference to the rateable value of the premises as a proportion of the aggregate of the rateable values of all the properties in the town centre benefiting from the services. USS` agents miscalculated the amount of service charges payable for two years, underestimating the rateable value of the premises. USS` claim for the balance for these two years was dismissed on the basis that M&S` obligation to pay the service charges was satisfied by the payment of the amount specified in the annual certificate. "Held": appeal allowed. The contractual obligation of M&S was to pay the service charges calculated in accordance with the terms of the lease.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS60001 (Browse shelf(Opens below)) | 1 | Available | 91043-1001 |
CA 18 November 1998. The respondant tenant (M&S) holds a lease of a retail store in a shopping centre. The appellant landlord (USS) holds the reversion. M&S pay service charges, the amount of which is certified in writing by USS annually. The service charges are calculated by reference to the rateable value of the premises as a proportion of the aggregate of the rateable values of all the properties in the town centre benefiting from the services. USS` agents miscalculated the amount of service charges payable for two years, underestimating the rateable value of the premises. USS` claim for the balance for these two years was dismissed on the basis that M&S` obligation to pay the service charges was satisfied by the payment of the amount specified in the annual certificate. "Held": appeal allowed. The contractual obligation of M&S was to pay the service charges calculated in accordance with the terms of the lease.