Letting Vacant Crofts

Relevant Section of the 1993 Act Letting Vacant Crofts Section 23

Section 23(10) of the Crofters (Scotland) Act 1993 establishes that a croft is vacant if it is not occupied by:

• a croft tenant,
• an owner-occupier crofter;
• a subtenant approved by the Commission under Section 27 or a
• tenant on a short lease approved by the Commission under Section 29A.

A vacant croft is something that a Landlord can remedy. If the Landlord is given notice that a croft has become vacant from any source other than the Commission (Land Court, Crofter, Executor) they must let the Commission know within a month.  Crofts can become vacant in a number of different ways including when someone renounces (gives up) their tenancy or if a croft tenancy is terminated by the Commission.

When the Commission declares a croft as vacant it would look to the landlord to make an application to the Commission to let the tenancy of the croft under section 23(3) of the 1993 Act to a person of their choice. 

The application should detail whether the croft is to be re-let as a unit or as an enlargment to another tenanted croft.

The application should also detail the proposed new tenant and have due regard to their ability to comply with the duties of a crofter.

A landlord cannot let a croft without the approval of the Commission.

If a landlord does not apply to let the croft, the Commission may, at any time after a month of the croft being declared vacant give notice to the landlord in terms of section 23(5) of the 1993 Act requiring him to submit, proposals for re-letting the croft within 2 months, whether as a separate croft or as an enlargement of another croft. 

If no proposals are submitted for letting the croft within the 2 month period, or all proposals are rejected by the Commission, then the Commission will take over the letting of the croft in terms of section 23(5B) and (5C) of the 1993 Act.

The Commission will then determine to which of the applicants (if any,) to let the croft; and in consultation with the landlord. It is therefore important that Landlords deal with any vacant crofts on their land if they would like input into the process of the selection of tenants. 

The Scottish Land Matching Service (SLMS) holds a database of those looking for an opportunity in crofting. It also offers a place to register an opportunity which may be of interest to Landlord of a vacant croft. www.slms.scot