and promotes the interests of crofting in Scotland
to secure the future of crofting.
Short Term Let
What is a Short Term Let?
‘Short-Term Let’ is the term used when an owner-occupier crofter lets all, or part, of their croft on a short lease to a ’tenant’ for a period not exceeding 10 years.
Who can apply?
- The consent to the ‘Short Term Let’ by the Commission does not change the status of the owner-occupier crofter.
- A tenant under a ‘Short Term Let’ will be treated neither as a tenant crofter, nor a tenant, under the Agricultural Holdings (Scotland) Act 2003. They will consequently not have the same legal rights as those types of tenants.
- A landlord of a vacant croft cannot apply to let on a ‘Short-Term Let’. They can only apply to let the vacant croft and/or grazings share(s) permanently.
- If you are the tenant of the grazings share(s) associated with the croft, the grazings share(s) cannot be included in a ‘Short Term Let’ application. If the grazings share(s) is tenanted, it will be classed as a separate ‘deemed’ croft. If you would like the proposed Short Term tenant to have the use of the grazings share(s) for the same period, you must apply to the Commission for our consent to sublet the share to them.
- An owner-occupier crofter can include the grazings share(s) in a proposed Short-term letting application if they also own the right to graze (we will require a copy of the Title Deeds or Disposition as evidence that the right to graze was included when the croft was purchased).
The Crofting Commission uses a system with ‘parameters’ to decide how to process Short Term Letting applications. Parameters are criteria that the Crofting Commission has agreed on.
If an application meets all the parameters, it is considered to be a ‘straightforward’ application. Straightforward applications can be processed more quickly by Casework Officers.
If an application does not meet all the parameters, it is considered to be a more complex application. Complex applications may take longer to process and are decided at a more senior level.
Here are some examples of parameters for Short Term Letting applications:
- The applicant is resident on or within 32 km (20 miles) of the croft
- The applicant is non-resident, and is applying for a Short Term Let of the croft for the first time, for a period of 5 years or less
- The proposed short-lease tenant will be ordinarily resident within 32 kilometres of the croft
- The proposed tenant has provided evidence that they will cultivate the croft
- The proposed tenant has the skills to carry out their proposals for the croft
- There have been no objections to the application from any member of the crofting community (those with crofting interests in the township the application relates to).
If any of these parameters are not met, the application will be escalated and considered at by more senior staff within the Crofting Commission. For further information on our tiered delegated decision making process please visit How decisions are made on regulatory applications
What you need to apply:
- A completed Short Term Let application form.
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Detailed site map of the area being applied for, if you are applying for a short-term lease of only part of the croft. If you are applying for a short-term lease of the whole croft, then a map is not required. See the Maps section of our website for more information.
- You must advertise the application for the Short Term Let 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. It is important that this application is sent to the Commission before the advert appears in a newspaper. To find an approved local paper in your area please visit our advertising guidance section of the website.
- Notifications – If the short-term letting application includes a grazings share(s) (eg where the Owner Occupier crofter owns both the croft and the right to graze) written notification of the application needs to be given to all of the owners of the common grazings.
Application form
It is important to read the guidance notes fully before and as you complete the application form. These notes will tell you what information you need to include in your application and what other 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, if objections are received, if there is any inconsistencies between the application and the Register of Crofts, or if the application is not completed correctly it will take longer to decide your application.
You can submit your Short Term Let 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 Short TermLet application.
- Consider the parameters when preparing your application.
- You can submit your application online or by post
Registers of Scotland
An owner-occupier crofter applying for a Short-Term Let is not required to register the croft with the Keeper of the Registers of Scotland, as it is not creating a permanent tenancy.
If the short-term letting application includes a grazings share(s) (eg where the Owner Occupier crofter owns both the croft and the right to graze) written notification of the application needs to be given to all of the owners of the common grazings.
Once the Crofting Commission has received your completed Short Term Let application (and map, if this is required) 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.
If the application is granted, the Commission will prepare a standard lease for completion and return by the owner-occupier crofter and the proposed short-lease tenant. The lease will include the condition that the tenant will fulfil the duties, set out in the Crofters (Scotland) Act 1993, relating to residency and land use.
The Commission may terminate a ‘Short Term Let’ if:
- (i) a condition imposed on the Commission’s consent, is breached.
- (ii) the tenant fails to comply with a condition of let contained in the short-term lease agreement prepared by the Commission (other than any relating to rent).
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.
Example-of-short-term-lease-digital.pdf
law-policy-and-procedure-short-term-letting-by-an-owner-occupier-crofter-2024.pdf
leaflet-on-ddm-and-escalating-cases-short-term-let-210316.pdf
