Subletting
Subletting is when a croft tenant allows another person to work all or part of their croft and grazings shares for a fixed period, up to 10 years, with our consent.
Who can apply?
- A croft tenant.
- A tenant of a grazings share.
Things to consider?
- Subletting does not affect a tenant’s security of tenure.
- We usually restrict applications from non-resident crofters to 5 years or less, and subsequent applications are unlikely to be granted.
- A subtenant needs to meet the duties of a tenant crofter.
Getting approval quickly
We use a set of simple rules called 'parameters' to assess your application for subletting. If your application meets every parameter, and no one objects, we can approve it more quickly.
Check list
Your application must meet all these points for a quick decision:
- Residency: The applicant must live on the croft or within 32 km of it.
- Non-resident applicant: If the applicant is non-resident, this must be the first application to sublet the croft, and the proposed period must be 5 years or less.
- Residency: The proposed subtenant will live within 32 km of the croft.
- Croft use: The proposed subtenant must provide evidence they will cultivate the croft.
- Skills: The proposed subtenant must have the skills needed to carry out their proposals for the croft.
- Objections: There must be no objections from the landlord or any member of the crofting community.
If your application does not meet all the simple rules, it is treated as a complex application. This means it is passed to senior staff for review, and the decision will take longer to process.
How do I apply?
You must submit a completed ‘subletting’ application form with the new subtenant. Please read the guidance notes first. If your application doesn't match the register of crofts or is incomplete, 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
You must also include:
- A map of the area to be let, if you are letting only part of a croft.
- Advert copy: You must advertise the application in a local newspaper for a 28-day public consultation period. The advert must appear no earlier than one month before and no later than two months after submission. Sample advert.
- Notifications: You must provide written notification of the application to the croft landlord or the owner of the common grazings, or both. Sample notification.
The process
- Initial checks: We'll check the application for completeness and ensure all advertising and notification requirements are met.
- Consultation: We allow 28 days for the public to submit comments or objections.
- Decision: We aim to make a decision on straightforward applications that meet all the parameters within 16 weeks.
What happens after a decision?
We will either grant the application or refuse it.
- If approved:
- We will provide an example ‘missive of sublet’ for the tenant and subtenant to complete.
- We will send you a subletting notification form to complete, confirming the sublet is proceeding and the start date.
- The sublet will be recorded in our register of crofts once the signed notification form is returned.
- If refused: You have 42 days to appeal our decision to the Scottish Land Court. You can find more information about this on our appeals page.