In its ruling 4A_339/2018 of 29 January 2019, the Federal Supreme Court decided that the landlord does not have to inform the tenant when concluding the contract that the payments on account for the ancillary costs will not cover the costs. The point of dispute was in particular whether the landlord had a duty to provide information. The tenants derived the landlord's duty of disclosure from the protection of legitimate expectations under tenancy law and based their argumentation on the principle of culpa in contrahendo as well as on Art. 270 and Art. 257a CO. The tenancy court of Horgen had partially protected the tenants' position, which only recognised an obligation to pay 20% of the payments on account in arrears, and ruled that the tenants only had to pay 30% of the payments on account in arrears. At the same time, it had criticised the previous case law according to which there were no rules on the relationship between payments on account and actual ancillary costs (BGE 132 III 24) and the landlord was not obliged to inform the tenant about the presumed amount of the ancillary costs. According to the rental court of Horgen, the landlord could thus prevent the tenant from challenging the initial rent. The Zurich Higher Court corrected the first-instance decision and ordered the tenants to make a full additional payment. It argued that the tenant could obtain the information needed to contest the initial rent by exercising his rights to information. The Federal Supreme Court confirmed its practice. In order to assume liability under culpa in contrahendo, it was necessary that the landlord had concealed the fact that the payments on account were too low. Because the case in question was a first-time rental, it was questionable whether the landlord had this information. However, according to the Federal Supreme Court, the question could be left open because liability would only have to be examined if it was neither possible nor reasonable for the tenant to inquire with the landlord about the amount of the service charges.