Duties of a Crofter & Statutory Conditions

Duties and conditions (landlords)

Crofters’ duties

Purposeful use

If a crofter wants to change the use of their croft, they should first ask for your consent. If you don’t respond within 28 days, refuse consent, or set unacceptable conditions, the crofter can apply directly to us for approval.

Breach of duties

If we believe a crofter is not following their duties, we will send a written notice to the crofter and a copy to you. The notice gives the crofter a chance to fix the issue.

If the issue is not fixed and it’s in the best interest of the local crofting community, we may end the tenancy. You will receive a copy of this order.

Statutory conditions

Crofts are also subject to specific rules called “statutory conditions.”

Complaints about a breach

As a landlord, you can report a breach of these conditions to us. We will then:

  • Inform the crofter and give them a chance to fix the breach.
  • If the breach is not fixed, we may apply to the Scottish Land Court to end the tenancy, remove the crofter and declare the croft vacant.

Note: If a complaint comes from a member of the crofting community, we must notify you first. We will not proceed with an application to the Scottish Land Court if you object.

Rent

The payment of croft rent is a statutory condition.

  • You and the crofter can agree on a rent in writing.
  • If you can’t agree, either you or the crofter can apply to the Scottish Land Court to determine a fair rent.

Handing back a croft tenancy

A crofter can end their tenancy by giving you, as landlord, a year’s written notice. This is called renunciation.

  • You must notify us within one month of receiving notice from the crofter.
  • When a tenancy is renounced, the croft becomes vacant, and you should apply to the Commission to re-let it.