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The Crofting Commission regulates
and promotes the interests of crofting in Scotland
to secure the future of crofting.
EnglishGaelic

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:

  • The applicant is resident

  • The applicant is non-resident and is applying to sublet the croft for the first time for a period of 5 years or less

  • The proposed subtenant will be ordinarily resident within 32 kilometres of the croft

  • The proposed subtenant has provided evidence that they will cultivate the croft

  • The proposed subtenant has the skills to carry out their proposals for the croft

  • There have been no objections from the landlord

  • There have been no objections from the crofting community

  • 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.          

 

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