and promotes the interests of crofting in Scotland
to secure the future of crofting.
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 the shares in a common grazing for a fixed period of time, which does not exceed 10 years.
- 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 Registers of Scotland, as it is not a permanent transfer of the tenancy.
Delegated Decision Making Parameters
Subletting - Section 27 of the Crofters (Scotland) Act 1993
The Commission will normally restrict a sublet for non-resident tenant crofters to 5 years or less.
Applications by non-resident tenants for consent to a second or subsequent sublet of their croft for any period of time will automatically be escalated to Tier 2.
A straightforward approval can be made if:
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The applicant is resident
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The applicant is non-resident and is applying to sublet the croft for the first time for a period of 5 years or less
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The proposed subtenant will be ordinarily resident within 32 kilometres of the croft
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The proposed subtenant has provided evidence that they will cultivate the croft
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The proposed subtenant has the skills to carry out their proposals for the croft
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There have been no objections from the landlord
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There have been no objections from the crofting community
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There have been no expressions of demand for the tenancy of the croft
If any of these conditions are not met, the application will be escalated.
