Subletting
What is 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 their grazings shares in a common grazings for a fixed period of time, up to 10 years, with the agreement of the Crofting Commission
Who can apply?
- The Commission will normally restrict subletting applications from non-resident crofters to 5 years or less.
- The Commission is unlikely to grant subsequent, subletting applications by a non-resident tenant.
- 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 the Registers of Scotland (ROS). If your croft is already registered, the sublet does not need to be recorded on the ROS Crofting Register.
- A subtenant needs to meet the duties of a tenant, which are to be ordinarily resident within 32 kms (20 miles) of the croft or the common grazings, and to cultivate and maintain the croft.
The Commission uses a set of criteria for each application type, which are referred to as ‘parameters.’ The parameters determine how the decision on the application is taken. If the application meets the parameters, and no objections have been received, the decision to approve the application is made as a straightforward approval (known as Tier 1 approval). These types of decisions are reached the most quickly.
Here are some examples of parameters for Subletting applications:
- The applicant is resident on or within 32 km of the croft
- The applicant is non-resident and is applying to sublet for the first time for a period of 5 years or less
- The proposed subtenant will be ordinarily resident within 32 kilometres of the croft
- The proposed subtenant has provided evidence that they will cultivate the croft
- The proposed subtenant has the skills to carry out their proposals for the croft
- There have been no objections from the landlord, or any other member of the crofting community, to the application.
If an application does not meet all the parameters, it is considered to be a more complex application. Complex applications are considered and decided by more senior staff within the Crofting Commission. Complex applications may take longer to process and for a decision to be taken. For further information on our tiered decision-making process, please visit ‘how decisions are made on application'.
What you need to apply:
- A completed subletting application form. The form has two sections, one to be completed by the tenant and the other by the proposed tenant (or their agents). Both sections must be completed and sent to the Commission at the same time.
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Detailed site map of the area being applied for, if you are applying to sublet only part of the croft. If you are applying to sublet the whole croft, then a map is not required. See Maps section of the website for more information.
- You must advertise the application to sublet the tenancy of the croft in a local newspaper, allowing 28 days for comments to be sent to the Commission. There is a sample advert in the application form and guidance notes. The advert should appear no earlier than 1 month before the submission of the application and no later than 2 months after the submission of the application. To find your local approved publication please visit our advertising guidance section of the website.
- Notifications – you must have given the croft landlord(s)/owner of the common grazings written notification of the subletting application.
Application form
As you fill out your application form, it is important to read the guidance notes. This will tell you what information you need to provide, and what additional documents you need to submit.
It is also important to consider the decision parameters when preparing your application.
If the application doesn’t meet the parameters, it will take longer to process and decide your application. If there are inconsistencies between the application and the Commission’s Register of Crofts or if the application is not completed correctly, we will not be able to process it.
You can submit your Subletting application online (recommended) or by post. To find the correct form you need, please refer to the form finder.
Here is a summary of the key points:
- Read the guidance notes before you fill out your Subletting application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
Registers of Scotland
A tenant crofter applying to sublet their croft or grazings share(s) is not required to register the croft with the Keeper of the Registers of Scotland, as it is not creating a permanent change of tenancy.
Tenants will need to notify their landlord, in writing, of the subletting application. If your application includes a grazings share(s), you will also need to notify all owners of the common grazings in writing.
Once the Crofting Commission has received your completed subletting application and map we will check to make sure that you have completed the correct form and submitted all the required information. If you have not submitted everything correctly, you will be made aware and will have a specified amount of time to submit the information requested.
If your application meets the parameters, we will try to make a decision on your application within 16 weeks. If the application does not meet the parameters, it may take longer for a decision to be taken. Please refer to ‘How decisions are made on applications’ for more information.
Here is a summary of the key points:
- The Crofting Commission will check your application to make sure that it is complete and correct.
- If your application meets all parameters, the Crofting Commission will try to make a decision within 16 weeks.
In making its decision, the Commission must either:
- (i) grant it
- (ii) grant it subject to conditions or
- (iii) refuse it.
If the Commission approves the sublet, the tenant and subtenant should complete a ‘Missive of Sublet’, setting out the terms and conditions of the sublet. To assist with this, we will provide an example Missive with the approval letter.
We will also send you a ‘Subletting Notification’ Form to complete if your application is approved, to inform us that the sublet is to proceed, and the date that it will start from.
The sublet will be recorded in our Register of Crofts when the signed Notification Form has been returned to us.
If your application is refused, you will be informed of the reasons, and you have the option to appeal to the Scottish Land Court within 42 days. Please refer to the Appeals page for more information.
Factsheet-Subletting-180425.pdf
law-policy-and-procedure-subletting-of-croft-2024.pdf
leaflet-on-ddm-and-escalating-cases-subletting-June-25.pdf