Letting is the term used when a croft, or part of a croft tenancy is Let by the landlord or owner-occupier crofter to a tenant.
Every tenancy of a croft will be subject to the conditions set out in Schedule 2 to the Crofters (Scotland) Act 1993 (in the Act referred to as "the statutory conditions”).
What are Statutory Conditions?
In the absence of a separate agreement between a landlord and tenant as to letting conditions, which in certain circumstances must also be agreed by the Scottish Land Court, a croft tenancy will be let on the basis of "the statutory conditions". The statutory conditions as set out at Schedule 2 of the Crofters (Scotland) Act 1993 are detailed below:
- The condition of the croft buildings
- The provision of fixed equipment for example fencing
- Assignation, sublet or division of the croft without the proper consent
- A new dwelling house has been built on the croft without the landlord’s consent (where required). This excludes building of a replacement croft house.
- The crofter has broken a reasonable agreement with the landlord signed for the reasonable protection of the landlord’s or neighbouring crofters’ interests
- The crofter has become insolvent within the meaning of the Bankruptcy (Scotland) Act 1985
- The crofter has obstructed reasonable access over the croft by the landlord or anyone authorised by the landlord
- The crofter is selling alcohol from the croft without the necessary consents
- The croft is uncultivated and is not being used for some other reasonable purpose
- The croft is sublet and the crofter has not made sure the sub-tenant is abiding by the statutory conditions of tenure.
Please ensure you submit your Registers of Scotland (RoS) Registration Application form along with your application, if required.