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 your croft does not affect a tenant’s security of tenure.
Subletting does not require you to register your croft with the Keeper of Registers of Scotland
Delegated Decision Making Parameters
Subletting - Section 27 of the Crofters (Scotland) Act 1993
A straightforward approval can be made if:
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 proposed subtenant has the skills to carry out their proposals for the croft
There have been no objections
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 does not already have more than two crofts and demand has not been expressed for the tenancy
If any of these conditions are not met, the application will be escalated.
UPDATE: CORONAVIRUS The Commission is now accepting new applications, but as all staff continue to work from home and the office remains closed, these will be processed more slowly than usual. Any applications that relate to statutory deadlines, or which concern a Crofting Register form to notify the Commission that an event has taken place, will be given priority over other applications.
Where applications require a site visit, it will not be possible for any site visit to be carried out until the government eases the current restrictions on movement.Where any application involves a hearing, no hearings will take place until the current restrictions on movement are eased and the government has advised that public meetings (with appropriate physical distancing) can take place.
You can continue to contact us by email firstname.lastname@example.org and although we are now in a position to deal with phone calls to our reception line, few staff have access to work phones to make return calls and therefore the service will be limited. We would therefore ask that you continue to contact us via email. You can of course continue to use the mobile numbers on the Contact Us page of this website to speak with us.
The Commission understands that this is a difficult time for all concerned, but we wish to reassure crofters and their agents that we will continue to work to restore normal levels of service. It is unlikely that this can be fully restored until the government permits offices to reopen and for various restrictions on movements and meetings to be eased. 20 May 2020.