CA 31 July 1990. The plaintiff, X. was freehold owner of an estate which included two farms let to Y in 1953. The tenancy of the farms, which included a number of cottages , was subject to a covenant preventing assignment or underletting other than to workmen on the farms. In July 1980 X served notice to quit on Y under Agricultural Holdings Act 1986 s26 alleging breach of covenant . Under Sched 3 Case E a landlord of an agricultural holding was entitled to possession if at the date of the giving of notice the landlords` interest in the holding had been materially prejudiced by a breach of covenant by the tenant which was not capable of being remedied. Y instead of claiming arbitration under Agricultural Holdings (Arbitration on Notice) Order 1987 for the resolution of a Case E despute, served a counternotice requiring the notice to be referred to an agricultural lands tribunal . X served a writ claiming a declaration that in the absence of a counternotice requiring arbitration the t