In cases of misuse and neglect what happens if the owner is asked to let? Does the new tenant have full rights?

Where a beach of duties (for example misuse and neglect) by an owner-occupier crofter has been established, the Crofting Commission must, unless there is a good reason not to direct the owner-occupier crofter to submit to them, a proposal for letting the croft. In response to that Direction, it is open to the owner-occupier crofter to apply to let the croft to a tenant with the full rights retained or they can enter into a contract or agreement with the tenant which excludes certain rights. However, certain rights can only be excluded with the agreement of the Scottish Land Court. Where an owner-occupier crofter either fails to provide letting proposals in response to a Commission request to do so or the proposals they provide are unacceptable to the Commission, we will invite applications for letting the owner-occupied croft and will decide which of the applicants to let the owner-occupied croft to. We will also consult with the owner-occupier crofter on what conditions should be applied to the let. Where an owner-occupied croft has been let on conditions set by the Commission, the owner-occupier crofter may apply to the Scottish Land Court for a variation of the conditions set.

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