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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

Public Holiday Closure

We will be closed on Friday 3rd and Monday 6 July for a public holiday.

UPDATE: CORONAVIRUS
The Commission is now accepting new applications, but as all staff continue to work from home and the office remains closed, these will be processed more slowly than usual. Any applications that relate to statutory deadlines, or which concern a Crofting Register form to notify the Commission that an event has taken place, will be given priority over other applications.

Where applications require a site visit, it will not be possible for any site visit to be carried out until the government eases the current restrictions on movement.Where any application involves a hearing, no hearings will take place until the current restrictions on movement are eased and the government has advised that public meetings (with appropriate physical distancing) can take place.

Approved Applications:

If you are a crofter who has had an application approved by the Commission within the last 3 months
Please read this important information regarding effecting Commission regulatory decisions.

You can continue to contact us by email info@crofting.gov.scot and although we are now in a position to deal with phone calls to our reception line, few staff have access to work phones to make return calls and therefore the service will be limited. We would therefore ask that you continue to contact us via email. You can of course continue to use the mobile numbers on the Contact Us page of this website to speak with us.

The Commission understands that this is a difficult time for all concerned, but we wish to reassure crofters and their agents that we will continue to work to restore normal levels of service. It is unlikely that this can be fully restored until the government permits offices to reopen and for various restrictions on movements and meetings to be eased.
20 May 2020.

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

 

 

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