Subletting a grazings share

Subletting a grazings share is when a tenant allows another person to formally use their grazings share in a common grazings for a fixed period of up to 10 years, with our consent.

Who can apply?

A crofter with a tenanted share in a common grazings.

Things to consider?

• A rent, however small, must be charged if the sublet is granted.
• Subletting your grazings share does not affect a tenant’s security of tenure.
• A subtenant needs to meet the duties of a tenant to be ordinarily resident within 32 km of the common grazings.
• We usually restrict applications from non-resident crofters to 5 years or less, and subsequent applications are unlikely to be granted.
• We encourage you to contact the local grazings clerk or constable to maintain good community relationships.

How do I apply?

You and your subtenant must submit a completed ‘sublet of grazings share’ application form. Please read the guidance notes first. If your application doesn't match the register of crofts or is incomplete, we won't be able to process it. You can submit your application online or by post.

First, search for your croft and then find the correct form.

Apply now

You must also include:

• Advert copy: You must advertise the application in a local newspaper for a 28-day public consultation period. Sample advert.
• Notifications: You must provide written notification of your application to the croft landlord and the owners of the common grazings. Sample notification.

The process

• Initial checks: We'll check the application for completeness and ensure all advertising and notification requirements are met.
• Consultation: We allow 28 days for the public to submit comments or objections.
• Decision: We aim to make a decision on straightforward applications that meet all the parameters within 16 weeks.

What happens after a decision?

We will either grant the application or refuse it.

• If approved:
  • We will provide an example ‘missive of sublet’ for the tenant and subtenant to complete.
  • We will send you a subletting notification form to complete, confirming the sublet start date.
  • The sublet will be recorded in our register of crofts once the signed notification form is returned.
• If refused: You have 42 days to appeal our decision to the Scottish Land Court. You can find more information about this on our appeals page.

Further information

Subletting of croft law, policy and procedure

Delegated decision making and escalating cases - subletting