Subletting is the term used to describe the arrangement where a croft tenant allows another person (known as the subtenant) to work all, or any part, of their croft and/or the shares in a common grazing for a fixed period of time, which does not exceed 10 years.
Subletting - Section 27 of the Crofters (Scotland) Act 1993
The Commission will normally restrict a sublet for non-resident tenant crofters to 5 years or less.
Applications by non-resident tenants for consent to a second or subsequent sublet of their croft for any period of time will automatically be escalated to Tier 2.
A straightforward approval can be made if:
The applicant is resident and is applying to sublet the croft for the first time for a period of 5 years or less.
The applicant is non-resident and is applying to sublet the croft for the first time for a period of 5 years or less.
The proposed subtenant will be ordinarily resident within 32 kilometres of the croft.
Evidence has been provided they will cultivate the croft.
Evidence has been provided that the landlord has consented to any new purposeful use by the proposed subtenant (the consent would have to be sought by the principle tenant).
The applicant and the proposed subtenant have demonstrated that the residence and land use duties will be fulfilled for the length of the sublet.
The proposed subtenant has the skills to carry out their proposals for the croft.
There have been no objections.
The proposed subtenant does not already have more than three crofts and demand has not been expressed for the tenancy.
If any of these conditions are not met, the application will be escalated.