agus ag adhartachadh mathas croitearachd ann an Alba
gus croitearachd a dhèanamh tèarainte san àm ri teachd.
Application by Former Subtenant to Remain in Occupation
What is an Application by Former Subtenant to Remain in Occupation?
‘Subletting’ is the term used to describe the temporary arrangement where a croft tenant allows another person (known as the subtenant) to work all, or any part, of their croft and/or share(s) in a common grazings for a fixed period of time, up to 10 years, with Crofting Commission consent.
Should the circumstances of the crofter change during the period of the sublet and the sublet terminates, the subtenant can apply to the Commission for an Order allowing them to stay in occupation for a maximum of one year from the date the sublet ended.
Who can apply?
- This application should ideally be made within 1 month, but no longer than 3 months , of the subtenancy being terminated
- If approved, the Order allowing the former subtenant to stay in occupation will be for a maximum of one year from the date the sublet terminated
- The Order allowing the former subtenant to stay in occupation cannot extend beyond the end date of the original sublet.
To find the correct form you need, please refer to the form finder.
To apply to the Crofting Commission to remain in occupation of the land formerly sublet, please complete the "Application by Former Subtenant to Remain in Occupation of Croft’ form.
You will be asked for the following information:
- Your details
- Details of the croft that you previously sublet
- Information as to why the sublet was terminated and the date it ended
- Details as to why you would like to remain in occupation.
If there are any inconsistencies between the application and the Register of Crofts, or if the application is not completed correctly, we will be unable to process your application.
You can submit your application online or by post. The application form and guidance notes can be accessed via our form finder.
Once the Crofting Commission has received your completed application, we will check to make sure that you have completed the correct form and submitted all the required information. If you have not submitted everything correctly, you will be made aware and will have a specified amount of time to submit the information requested.
The Commission may consult with the croft landlord(s) and, if appropriate the owner(s) of the common grazings and the Grazings Committee before taking a decision on your application.
If your sublet ended because of the death of the tenant crofter, the Commission will consult the Executor of the deceased crofter if they are aware one has been appointed.
We will aim to make a decision on your application within 16 weeks. Please refer to ‘How decisions are made on applications' for more information.
In making its decision on the application, the Commission must either:
(i) grant it, (ii) grant it subject to conditions, or (iii) refuse it.
If the Crofting Commission approves/grants your application, it will issue an Order to the former subtenant, allowing them to stay in occupation of the croft, part croft and/or grazings share(s) for a specified period of time, up to one year, from the sublet terminating but not extending beyond the end date of the original sublet.
The Order will be recorded in our Register of Crofts.
If your application is refused, you will be informed of the reasons for this decision and have the option to appeal the Commission’s decision or determination to the ‘Scottish Land Court’ within 42 days of being notified. Please refer to the Appeals page for more information.
