CA 16 February 1998. The appellant owned a building divided into two flats which were let on long leases. The appellant commenced proceedings for forfeiture for arrears due which were resolved on 20 July 1995 when consent orders were made setting out terms for payment. On 3 August 1995 the defendant served a notice under section 13 of the Leasehold Reform, Housing and Urban Development Act 1993 seeking collective enfranchisement. The appellant served a counternotice claiming that the section 13 notice was invalid as forfeiture proceedings were pending. Relief from forfeiture took effect on 21 December 1995 and the county court judge granted retrospective leave to serve the section 13 notice and upheld its validity. The appellant appealed. The appeal was allowed on the basis that on 3 August 1995 forfeiture proceedings were still pending, the defendant was not a qualifying tenant and was not therefore entitled to serve a section 13 notice.