QBD 10 July 1987. An action by the landlords (G), against the tenants (M) for forfeiture for non-payment of rent. The rent for shop premises was due for a five-yearly review, and G`s agents gave formal notice that the rent payable for the five years of the term would be £9,750. M`s agent made a formal reply to this which stated "Please accept this letter as formal objection and counternotice. We would suggest an early meeting to discuss the matter in detail." No further communication took place within the three month period, and G contended that the rent was fixed at £9,750, and proceeded with the action for rent arrears. At issue in the QBD, was whether the letter from M`s agents constituted a counternotice for determination of the rent by an independent surveyor. It was held in QBD that the letter did constitute a clear election by the tenants in favour of the determination of the review rent by an independent surveyor. Judgement for the tenants.