294. Restriction on liability of former tenant or his guarantor for rent or service charge etc.

Where a person ('the former tenant') is, as a result of an assignment1, no longer a tenant2 under a tenancy3, but:

  1.  

    (1)     in the case of a tenancy which is a new tenancy for the purposes of the Landlord and Tenant (Covenants) Act 1995, 4he has under an authorised guarantee agreement5 guaranteed the performance by his assignee of a tenant covenant6 of the tenancy under which any fixed charge7 is payable; or

  2.  

    (2)     in the case of any tenancy, he remains bound by such a covenant8,

the former tenant is not liable under that agreement (or, as the case may