Letting 

‘Letting’ is when a landlord of a vacant croft or an owner-occupier crofter grants the tenancy of a croft (or part of one) to a tenant with our consent.

Who can apply?

• A landlord of a vacant croft
• An owner-occupier crofter

Is this the right application for me?

• This is the correct application if you want to let the tenancy of a whole croft or part of a croft on a permanent basis.
• If you are an owner-occupier crofter and want to let all or part of the croft for a set period, you should use the ‘short-term let’ application form.

Things to consider

• Letting part of a croft will create a new croft tenancy.
• An owner-occupier crofter who lets all or part of their croft permanently will become the landlord of the land.
• If the croft is held in joint ownership, the tenancy cannot be let to one of the joint owners.
• If a grazings share is associated with the croft, you will need to submit an ‘assignation of a grazings share’ application.
• A rent, however nominal, must be charged to the tenant and you must confirm to us that you have a tenancy agreement.

How do I apply?

You must submit a completed ‘Let a croft tenancy (whole or part)’ 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.

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You must also include:

• A map of the area to be let, if you are letting only part of a croft.
• Advert copy: You must advertise the application in a local newspaper for a 28-day public consultation period. The advert must appear no earlier than one month before and no later than two months after submission. Sample advert.
• Notifications: If grazings shares/rights are included, you are legally required to notify the owners of the common grazings.

• Registers of Scotland application: If your croft is not already registered with the Registers of Scotland, you must submit a first registration (Form A). If your croft is registered, you'll submit a subsequent event (Form B) if the application is approved. Each Registers of Scotland application has a fee of £90. We will process and forward these applications on your behalf.

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 notify the applicant, the proposed new tenant, and any other involved parties of our decision within 21 days.

• If approved: You will need to confirm that you have entered into a tenancy agreement with the proposed new tenant.
  • If registering with Registers of Scotland for the first time: The let takes effect on the date the applicant notifies us (within 3 months of approval) that the let has taken effect.
  • If already registered: The let takes effect on the date the subsequent event (Form B) is registered.
• 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

Letting law policy and procedure – vacant croft

Letting law policy and procedure – landlord

Letting law, policy and procedure – reletting proposals

Letting law, policy and procedure – owner occupied croft other than short lease