The operation of the common law rules, establishing that an original tenant remains liable on the covenant to pay rent notwithstanding any assignment of the term1, is now tempered by statute.
In the case of a tenancy granted on or after 1 January 19962, the original tenant will not remain liable under any covenants including the covenant to pay rent and the landlord will not be able to sue the original tenant and the assignee for the same arrears3. The original tenant may, however, be required by the landlord to enter into an authorised guarantee agreement guaranteeing the performance of
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