Subletting is the term used to describe the arrangement where a croft tenant allows another person (known as the subtenant) to work all, or any part, of their croft and/or the shares in a common grazing for a fixed period of time, which does not exceed 10 years.
Subletting your croft does not affect a tenant’s security of tenure.
Subletting does not require you to register your croft with the Keeper of Registers of Scotland
Delegated Decision Making Parameters
Subletting - Section 27 of the Crofters (Scotland) Act 1993
A straightforward approval can be made if:
The proposed subtenant will be ordinarily resident within 32 kilometres of the croft
Evidence has been provided they will cultivate the croft
Evidence has been provided that the landlord has consented to any new purposeful use by the proposed subtenant (the consent would have to be sought by the principle tenant)
The proposed subtenant has the skills to carry out their proposals for the croft
There have been no objections
The applicant and the proposed subtenant have demonstrated that the residence and land use duties will be fulfilled for the length of the sublet.
The proposed subtenant does not already have more than two crofts and demand has not been expressed for the tenancy
If any of these conditions are not met, the application will be escalated.
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 firstname.lastname@example.org. 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.