At common law, an original tenant remains liable on the covenant to pay rent notwithstanding any assignment of the term1. The landlord may sue both the original tenant and the assignee for the same arrears and obtain judgment against both2 but may only enforce the judgment against one of them3. The original tenant's covenant is direct and primary4 and is not treated after assignment of the term as one of suretyship; and accordingly it is not affected by the landlord's accepting a surrender of part of the demised premises5 or by the release of a guarantor6. The original tenant
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