Application by former subtenant to remain in occupation

Subletting is a temporary arrangement where a croft tenant allows another person to work all or part of their croft and/or common grazing shares for a fixed period of up to 10 years, with our consent.

If a sublet ends unexpectedly, the former subtenant can apply to us for an order to stay in occupation for up to one year. This application is for a temporary arrangement and cannot extend beyond the original sublet's end date.

Who can apply?

The former subtenant of a croft where the sublet has recently ended. You should apply within one month of the sublet ending, and no later than three months.

How to apply

To apply, you must complete the ‘application by former subtenant to remain in occupation of croft’ form. You will be asked for:

• Your details.
• The details of the croft you previously sublet.
• The reason and date the sublet ended.
• Why you would like to stay in occupation.

If the information in your application does not match the register of crofts, we won’t be able to process it. You can submit your application online or by post. First, search for your croft and then find the correct form.

Apply now

What happens after you apply?

We will check your application to make sure it is complete. We may consult with the croft's landlord, the owner of the common grazings, and the grazings committee before making a decision. If the sublet ended because the tenant died, we will consult with the executor.

We aim to make a decision within 16 weeks. We may:

• Grant your application.
• Grant it with conditions.
• Refuse it.

If your application is approved, we will issue an order allowing you to stay in occupation for up to one year. This order will be recorded in the register of crofts. If your application is refused, you will be informed of the reasons. You can appeal the decision to the Scottish Land Court within 42 days. You can find more information about this on our appeals page.