and promotes the interests of crofting in Scotland
to secure the future of crofting.
Sublet of a Grazing Share(s)
What is Subletting of a Grazing Share(s)?
Subletting of a Grazings Share is the term used to describe the arrangement where a tenant allows another person (known as the subtenant) to formally use their grazings share(s) in a common grazings, for a fixed period of up to 10 years, with the agreement of the Crofting Commission.
The tenant of a grazing share(s)
- The Commission will normally restrict subletting applications from non-resident crofters to 5 years or less
- The Commission is unlikely to grant subsequent subletting applications by a non-resident tenant
- Subletting your grazings share(s) does not affect a tenant’s security of tenure
- Subletting does not require you to register your croft with the Keeper of the Registers of Scotland (RoS). If your croft or the common grazings is already registered, the sublet does not need to be recorded on the RoS Crofting Register.
- A subtenant needs to meet the duties of a tenant to be ordinarily resident within 32 kms (20 miles) of common grazings
- We would encourage you to contact the local Grazings Clerk/Constable to make them aware of your proposals, as experience has shown this can help establish good community relationships
- A rent, however small, must be charged if the sublet is granted.
To find the correct form needed, please refer to the form finder.
The Commission uses a set of criteria for each application type, 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 Subletting o Grazing Share(s) applications:
- The applicant is resident on or within 32 km of the common grazingsThe applicant is non-resident and is applying to sublet for the first time for a period of 5 years or less
- The proposed subtenant will be ordinarily resident within 32 kilometres of the common grazings
- The proposed subtenant has provided evidence that they will use the common grazings
- The proposed subtenant has the skills to carry out their proposals for the common grazings share
- There have been no objections from the landlord, or any other member of the crofting community, to the application.
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. Complex applications may take longer to process and for a decision to be taken. For further information on our tiered decision-making process, please visit ‘how decisions are made on applications'
What you need to apply:
- A completed Sublet of Grazings Share application form. The form has 2 sections, one to be completed by the tenant and the other by the proposed subtenant (or their agents). Both sections need to be completed and sent together to the Crofting Commission.
- You must advertise your application to sublet the tenancy of the share in a local newspaper allowing 28 days for comments to be sent to the Commission. 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 publications please visit our advertising factsheet.
- Notification - You must have given the croft landlord(s)/owner(s) of the common grazings written notification of the subletting application .
Application form
As you fill out your application form, it is important to read the guidance notes. This will tell you what information you need to provide, and what additional 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, it will take longer to process and decide your application. If there are inconsistencies between the application and the Commission’s Register of Crofts or if the application is not completed correctly, we will not be able to process it.
Registers of Scotland
A tenant crofter applying to sublet their grazings share(s) is not required to register the croft with the Keeper of the Registers of Scotland, as it is not creating a permanent change of tenancy.
You can submit this application online or by post. To access the application forms and associated guidance notes, please use our form finder.
Here is a summary of the key points:
- Read the guidance notes as you fill out your Subletting application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
Notifications
Tenants will need to notify their landlord, in writing, of the subletting application. If your application includes a grazings share(s), you will also need to notify all owners of the common grazings in writing.
Once the Crofting Commission has received your completed Subletting of a Grazings Share application form, 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.
If your application meets the parameters, we will aim to make a decision on your application within 16 weeks. If the application does not meet the parameters, it may take longer for a decision to be taken. Please refer to ‘How decisions are made on applications’ 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 your application meets all parameters, the Crofting Commission will try to make a decision within 16 weeks.
In making its decision, the Commission must either:
- (i) grant it
- (ii) grant it subject to conditions or
- (iii) refuse it.
If the Commission approves the sublet, the tenant and subtenant should complete a ‘Missive of Sublet’ setting out the terms and conditions of the sublet. To assist with this, we will provide you with an example Missive with the approval letter.
We will also send you a ‘Subletting Notification’ Form to complete if your application is approved, to inform us of the date the sublet will start from.
The sublet will be recorded in our Register of Crofts when the signed Notification Form has been returned to us.
If your application is refused, you will be informed of the reasons for this decision, and have the option to appeal to the Scottish Land Court. Please refer to the Appeals page for more information.
Factsheet-Subletting-180425.pdf
law-policy-and-procedure-subletting-of-croft-2024.pdf
Leaflet-on-DDM-and-Escalating-Cases-Subletting-210316.pdf
