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