and promotes the interests of crofting in Scotland
to secure the future of crofting.
Letting a Croft Tenancy
‘Letting’ is the term used to describe the Let of a croft or part of a croft, with the consent of the Commission, by a landlord of a vacant croft or owner-occupier crofter, to a tenant, referred to as the ‘proposed new tenant’.
Who can apply?
If you want to let the tenancy of a whole croft or part of a croft on a permanent basis, this is the correct application for you.
If you are an owner occupier crofter and want to let all or part of the croft for a set period of time, you should use the ‘Short Term Let’ application form.
- A landlord of a vacant croft or an owner-occupier crofter can apply to let all or part of a croft as a unit or an enlargement to another tenanted croft. If you want to let as an enlargement of another croft, you should notify the landlord(s) of that croft of your application.
- Where an application is to let only part of a croft, if the application is approved and once the let takes place, a new croft tenanted will be created. The new croft will be entered in both the Crofting Commission Register of Crofts and the Registers of Scotland Crofting Register.
- An owner-occupier crofter who lets all or part of their croft to a tenant on a permanent basis with Crofting Commission consent, will become the landlord of the croft land that is let and will cease to be the owner-occupier crofter of it.
- If a croft is held in joint ownership, a croft tenancy cannot be let to one of the joint owners.
- Where the croft land to be let has more than one owner, all owners must collectively apply.
- If the grazing share(s)/right which are associated with the croft are held in tenancy, a separate ‘Assignation of a Grazings Share’ application should be submitted.
- Every tenancy of a croft will be subject to the conditions set out in Schedule 2 to the Crofters (Scotland) Act 1993, unless you notify the Crofting Commission that the conditions of let have been varied. Crofting legislation specifies which rights you can agree with the proposed new tenant that they will be deprived of as part of their tenancy agreement You can also agree with the proposed new tenant that they will be deprived of other rights if the Scottish Land Court has first agreed to this.
- If your application is approved by the Crofting Commission, you will need to confirm that you have entered into a tenancy agreement with the proposed new tenant.
- If the letting application is approved, a rent, however nominal, must be charged to the tenant.
The Crofting Commission uses a set of criteria for ‘Letting a Croft Tenancy' applications, which are referred to as ‘parameters.’ The parameters determine how the decision on the application is taken. If the application meets the parameters, and no objections have been received, the decision to approve the application is made as a straightforward approval (known as Tier 1 approval). These types of decisions are reached the most quickly.
Here are some examples of parameters for Letting a Croft Tenancy applications:
- The proposed tenant will be ordinarily resident within 32 kilometres of the croft, or will be within 18 months of obtaining the croft tenancy
- The proposed tenant has provided evidence that they will cultivate the croft or put all or part of it to another purposeful use
- The proposed tenant has the skills to carry out their proposals for the croft
- The proposed tenant occupies 5 or less crofts (including deemed crofts comprising of apportionments and/or grazings rights)
- There have been no objections from any member of the crofting community
- There have been no expressions of demand for the tenancy of the croft, or the person expressing demand already has a croft, or there are vacant crofts in the township
- Where it is part of croft that is to be let, there are no concerns over the size and quality of either of the crofts resulting from the let of part of the croft
- Letting part of the croft will not create any access issues for the new croft created by the let, the remaining croft land, and/or to other croft or common grazing land.
If an application does not meet all the parameters, it is considered to be a more complex application. Complex applications are considered and decided by more senior staff within the Crofting Commission and may take longer to process and for a decision to be taken. To find out more please visit how decisions are made on applications.
What you need to apply:
- A completed ‘Let a Croft Tenancy (Whole or Part)’ application form
- If you are applying to let only part of a croft, a map of the area that is to be let. See the page on Maps for more information
- You must advertise your application to let the croft or part of the croft in a local newspaper, allowing 28 days for comments to be sent to the Crofting Commission. A sample application advert is provided in the application form and guidance notes. The advert should appear no earlier than 1 month before the submission of the application, and no later than 2 months after the submission of the application.. To find an approved local paper in your area, please visit our advertising factsheet.
- Where the grazings share(s)/grazings rights is included in the proposed let of the tenancy, you are legally required to notify the owner(s) of the common grazings of your application
- A completed Registers of Scotland application form (more info below on the steps to do this depending on whether the croft is already registered with Registers of Scotland, or not).
Application form
It is important to read the guidance notes fully before and as you complete the application form. These notes will tell you what information you need to include in your application and what other documents you need to submit.
It is also important to consider the decision parameters when preparing your application.
If the application doesn’t meet the parameters, if objections are received, if there is any inconsistencies between the application and the Register of Crofts, or if the application is not completed correctly it will take longer to decide your application.
To access the application forms and associated guidance, please use our form finder.
Here is a summary of the key points:
- Read the guidance notes before you fill out your letting of a croft tenancy application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
Registers of Scotland Application
The Registers of Scotland (RoS) holds the Crofting Register, which is a map-based register of croft and common grazings land.
If you are a landlord of vacant croft land applying to’ Let a Croft Tenancy (Whole or Part)’, you will need to either register the croft with Registers of Scotland for the first time, or if the croft is already registered, you will need to submit a form to update the register if your application is approved.
If you are an owner-occupier crofter who is applying to ‘Let a Croft Tenancy (Whole of Part)’, you will need to apply to register the croft with the Registers of Scotland. If your letting application is approved and the croft is already registered, the proposed new tenant will need to submit a form to update the Crofting Register.
If you are applying to let your croft land, as an enlargement to another croft, you will also need to check if that croft is registered on the Registers of Scotland Crofting Register. If the croft to be enlarged is not yet registered, the tenant will need to submit an application to register it for the first time.
If you (or a tenant of a croft that is to be enlarged by your letting application) need to submit a ‘First Registration’ (FORM A) application, you will need to provide a map of the whole of the croft boundary. For details of how to prepare a map of your croft, and the correct form, please refer to the Registers of Scotland website . The ‘First Registration’ application(s) should ideally be submitted at the same time as your letting application. The Crofting Commission is unable to decide your letting application until the croft is registered on the Crofting Registered.
If the croft is already registered, a ‘Subsequent Event’ (FORM B) application will need to be submitted within a specified timescale, if your application is approved. Information about who it is that needs to submit the ‘Subsequent Event’ (FORM B) and the timescale for making this will be included in the letters sent to you and the proposed new tenant by the Crofting Commission, informing you that your letting application is approved.
The ‘First Registration’ (FORM A) or ‘Subsequent Event’ (FORM B) application should be submitted to the Crofting Commission by post . There is a processing fee of £90 for this type of application which can be paid by a cheque made out to the Crofting Commission, or by bank transfer. The Crofting Commission will check, and process your application, and forward it to Registers of Scotland.
Here is a summary of the key points
- You need to register the whole croft with the Registers of Scotland if you are applying to let croft land and it is not already registered. You will need to submit a ‘First Registration’ (FORM A) application to the Crofting Commission ideally at the same time as your letting application
- If you are applying to let croft land, as an enlargement to another croft, if that croft is not already registered, then the tenant will need to apply to register the whole of their existing croft. The tenant will need to submit a ‘First Registration’ (FORM A) application and ideally this should also be submitted alongside your letting application
- If the croft is already registered, and you are the landlord of vacant croft land, you need to submit a ‘Subsequent Event’ (FORM B) application if your letting application is approved
- If the croft is already registered, and you are the owner-occupier crofter, the proposed new tenant will need to submit a ‘Subsequent Event’ (FORM B) application if your letting application is approved
- Each Registers of Scotland application has a fee of £90 payable by cheque or bank transfer
- The Crofting Commission will process and forward the application to Registers of Scotland.
Once the Crofting Commission has received your completed letting application (and map, if you are applying to let only part of a croft) we will check to make sure that you have filled out 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.
After the 28-day public consultation period has passed, the Crofting Commission will consider any correspondence it has received about your letting application. This is to establish if the person is entitled to object or otherwise has a relevant interest in your application. Any rejected submissions will be returned or destroyed. We will let you know if there are any valid objections or submissions supporting your letting application, and both you and the proposed new tenant will be able to reply to the Crofting Commission about these. The Crofting Commission will also consider whether it is necessary to undertake any further investigation before making a decision on your application. This may include a report being prepared by the ‘Scottish Government Rural Payments and Inspections Directorate’ (SGRPID) office situated in the locality of the croft.
If the croft(s) is already registered with the Keeper of the Registers of Scotland and the application meets the parameters, the Crofting Commission will be able to make a decision on your application more quickly. We would aim to take a decision within 16 weeks if the croft (or both crofts if you applying to let as an enlargement to another tenanted croft) are registered.
If the application does not meet the decision parameters, it may take longer to be processed and decided. Please refer to ‘How decisions are made on applcations' for more information.
Here is a summary of the key points:
- The Crofting Commission will check your application to make sure that it is complete and correct.
- If no one objects to your application, the Crofting Commission will try to make a decision within 16 weeks.
- The Crofting Commission cannot make a decision on your application if your croft is not registered with the Registers of Scotland.
The Crofting Commission must decide the application by:
- (i) granting it
- (ii) granting it subject to conditions, or
- (iii) refusing it.
The Crofting Commission will notify the applicant, the proposed tenant, and any other involved parties (eg objectors or the landlord of the croft that is to be enlarged) of its decision by recorded delivery post, within 21 days of the decision being taken, specifying the reasons for its decision.
You, the proposed new tenant, and the other involved parties, will have the option to appeal the Commission’s decision or determination of the application to the Scottish Land Court within 42 days from the day of the decision letter. Please refer to the Appeals page for more information
If the application is granted and relates to a first registered croft, the landlord or owner occupier crofter must, within 3 months of the granting of the application, notify the Commission that the ‘Let of the Croft’ has taken effect.
Upon receiving the completed notification form from the applicant, the Crofting Commission will notify the Keeper of the Registers of Scotland of the change, so it can be recorded on the Crofting Register. The let takes effect on the date provided by the landlord or owner occupier crofter on the notification form.
If the croft is already registered, and your letting application is approved by the Crofting Commission you, and the proposed new tenant, will be told in the decision letter who needs to submit a ‘Subsequent Event’ (FORM B) application and the timescale for sending the FORM B to the Crofting Commission. The Let will take effect on the date it is registered on the Registers of Scotland’s Crofting Register.
You (and any other involved party to the application) will have the option to appeal the Crofting Commission’s decision or determination of the application to the Scottish Land Court within 42 days from the date of the decision letter. Please refer to the Appeals page for more information.
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