In the case of "Bruton v London Quadrant Housing Trust" 1 AC 406, Lord Hoffman created an exception to the rule in relation to the granting of a leasehold estate in land. It is possible, though this is controversial, for a mere licensee to create a tenancy if the hallmarks of a tenancy are present. This means that the holder of a lesser right (ie. the licensee, which is not an estate in land) can create a larger right, an estate even.