Final answer:
Privity of estate refers to the legal relationship between parties in a property law context, especially lease agreements. Partial transfer of a lease can affect the privity of the estate and the original tenant's liability. If the original tenant retains any interest, they may still be held liable unless explicitly released.
Step-by-step explanation:
The question pertains to the legal concept of privity of estate, which arises in property law, specifically in the context of lease agreements. It refers to the legal relationship that exists between parties whose estates constitute one estate in law, such as a landlord and tenant. If a tenant partially transfers their leasehold interest to a third party, whether the original tenant (assignor) is still liable to the landlord depends on whether there is a privity of estate or privity of contract remaining between the original parties.
Typically, when a partial transfer (or assignment) of a lease takes place, the privity of the estate is established between the landlord and the assignee for the portion of the estate that has been transferred. However, for the remaining term not transferred, if the original tenant retains any interest, they remain in privity of estate with the landlord and thus liable. However, a transfer that does not encompass the entire lease term may result in no privity of estate with the transferee, and the original tenant remains liable to the landlord for the obligations under the lease unless otherwise agreed upon.
Therefore, partial transfer of a lease without the explicit release of the original tenant does not automatically free the original tenant from liability to the landlord if they still maintain privity of estate or privity of contract.