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Gaelic

Subletting

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

 

 

The Commission will normally restrict a sublet for non-resident crofters to 5 years or less.

A straightforward approval can be made if:

  • The applicant is non-resident and is not applying  to sublet the croft for a second time.

  • 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.          

 

Subletting

Covid -19

UPDATE: CORONAVIRUS
The majority of our staff continue to work from home but we do now have some staff who are able to access our office, although the numbers are restricted due to social distancing measures. We will continue to give priority to applications that relate to statutory deadlines, or which concern a Crofting Register forms to notify the Commission that an event has taken place.

Approved Applications:

If you are a crofter who has had an application approved by the Commission within the last 3 months
Please read this important information regarding effecting Commission regulatory decisions.

Site visits are still not possible until the government eases the current restrictions on movement. Similarly, no hearings will take place until public meetings (with appropriate social distancing) can take place.

Where possible you should continue to contact us by email info@crofting.gov.scot as although our reception line is operational it is not possible to transfer calls to staff who are working from home. However, staff will respond to any enquiries to our reception line by email.
November 2020.

Crofting Commission, Great Glen House, Leachkin Road, Inverness, IV3 8NW

 

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