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Gaelic

Letting

Letting is the term used when a croft, or part of a croft tenancy is Let by the landlord or owner-occupier crofter to a tenant.

An owner-occupier crofter who lets the tenancy of their croft will then become the landlord of the croft and their owner-occupier crofter status would cease to apply.

Every tenancy of a croft will be subject to the conditions set out in Schedule 2 to the Crofters (Scotland) Act 1993 (in the Act referred to as "the statutory conditions”).

Delegated Decision Making Parameters

Letting of a vacant croft by a landlord- Section 23(3) of the Crofters (Scotland) Act 1993 

Letting of an owner-occupied croft by an owner-occupier crofter other than on a short term lease  - Section 29A of the Crofters (Scotland) Act 1993 

 

Whole Croft

A straightforward approval can be made if:

  • The whole of the croft is included in the let
  • The proposed tenant will be ordinarily resident within 32 kilometres of the croft, or will be  within 18 months of obtaining the croft tenancy.
  • Evidence has been provided that the landlord has consented to any new purposeful use by the proposed tenant.
  • The proposed tenant has the skills to carry out their proposals for the croft
  • The proposed tenant does not already have more than two crofts and demand has not been expressed for the tenancy
  • Evidence has been provided they will cultivate the croft
  • There have been no objections

 If any of these conditions are not met, the application will be escalated.          

 

Part Croft

Part Croft Letting by a Landlord - Section 23(3) of the Crofters (Scotland) Act 1993

Part Croft Letting by an owner-occupier crofter other than on a short term lease  - Section 29A of the Crofters (Scotland) Act 1993

 

A straightforward approval can be made if:

  • The proposed tenant will be ordinarily resident within 32 kilometres of the croft, or will be within 18 months of obtaining the croft tenancy.
  • Evidence has been provided that the landlord has consented to any new purposeful use by the proposed tenant.
  • The proposed tenant has the skills to carry out their proposals for the croft.
  • The proposed tenant does not already have more than two crofts and demand has not been expressed for the tenancy.
  • There are no concerns over the size and quality of  either of the crofts resulting from the let of part of the croft.

(As a guideline, in order to be sustainable, the Commission would generally look for both of the crofts resulting from the let to be a minimum of 3 hectares in extent (with or without an associated grazing right, or 1 hectare with an associated grazing right)

  • Letting part of the croft will not create any access issues
  • Evidence has been provided they will cultivate the croft.
  • There have been no objections

 If any of these conditions are not met, the application will be escalated.          

 

Please ensure you submit your Registers of Scotland (RoS) Registration Application form along with your application, if required.

Please note that when you are completing the Registration Application for RoS you are required to advise them of persons who own/occupy any adjacent croft or land, as our ROC is not mapped based the Commission cannot assist you with this information.

Letting

UPDATE FOR CROFTERS

Given last night’s announcement from the UK and Scottish Government the Crofting Commission’s office is now effectively closed.

Working without an office base presents us with many practical challenges and we will not be able to offer a normal service. We cannot deal with any new applications for the time being, though we will keep this under review. Meantime, our staff who continue to work from home, will process existing applications as far as possible.

You can continue to contact us by email info@crofting.gov.scot. Messages received in this inbox will find their way to the right person.

We cannot take phone calls on our normal office number or respond to any voicemails that are left on that number. Instead we have added mobile numbers to the Contact Us page of this website so crofters can continue to speak with us.

These are certainly unprecedented times and the proposals outlined above may change but we will keep you updated if they do.

Crofting Commission, Great Glen House, Leachkin Road, Inverness, IV3 8NW 

 

 

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