C - Conclusive evidence clauses
18/1/23
SARA & HOSSEIN ASSET HOLDINGS LTD v BLACKS OUTDOOR RETAIL LTD [2023] UKSC 2
On its proper interpretation, a clause in a lease providing for a landlord’s certificate to be conclusive (in the absence of manifest error or fraud) as to the total cost and the sum payable by the tenant, required the tenant to pay in full but did not prevent the tenant from thereafter pursuing a counterclaim disputing the sum due.
19/5/20
SARA & HOSSEIN ASSET HOLDINGS LTD v BLACKS OUTDOOR RETAIL LTD [2020] EWHC 1263 (Ch)
A clause in a lease making the landlord's certificate conclusive as to “the amount of the total cost and the sum payable” by the tenant in respect of a service charge did not prevent the tenant from disputing whether the cost should have been incurred in the first place within the scope of the obligations of the lease [28].