000 01625cab a2200241 4500
001 ABS60001
008 090401t1999 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u91043
041 _aeng
245 _aUniversities Superannuation Scheme Ltd v Marks and Spencer plc
260 _c1999
350 _a0
490 _aEstates Gazette Law Reports
_v[1999] 04 EG 158-161(4)
520 _aCA 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.
650 _aLANDLORD AND TENANT
_96252
650 _aLEASE
650 _aRATEABLE VALUE
650 _aSERVICE CHARGES
650 _aUNIVERSITIES SUPERANNUATION SCHEME LTD V MARKS & SPENCER PLC
690 _aLANDLORD AND TENANT-CASE LAW-BUSINESS TENANCIES
942 _n0
948 _c02/02/1999
999 _c57767
_d57767