[2005] EWHC 462 (Admin), 23 March 2005. Considers whether a counter-notice for tribunal proceedings under the Agricultural Holdings Act 1986 s26 served concurrently with a notice requiring arbitration was rendered invalid by s28(4) of the Act. Claimant landlord (W) had given defendant tenant (P) notice to quit. P responded with a counter-notice for tribunal proceedings and a notice requiring arbitration without specifying which route he intended to take. W applied to the tribunal contending that the legislation did not allow dual avenues (arbitration and tribunal) to contest the notice to quit. Because P wanted the notice to be arbitrated, the counter-notice was ineffective pursuant to s28(4)(a) of the Act The tribunal refused consent to the operation of the notice to quit and rejected W's request to state a case in the High Court. "Held": application dismissed. The provisions in s28 of the Act could not be construed fairly as rendering a counter-notice invalid merely because the defendant had simultaneously given notice of reference to arbitration. The tribunal was entitled to take into account all the circumstances in determining whether P's failures were such that a fair landlord would not have insisted on possession.