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Letting

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.

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

T: 01463 663439

info@crofting.scotland.gov.uk

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