Suspected breach of duties

Under Section 26A of the Crofters (Scotland) Act 1993, we will investigate a suspected non-compliance of duties by tenant and owner-occupier crofters.

This notification is used to inform us of a suspected breach of one or more of a crofter’s duties.

Who can use this notification?

• a grazings committee or a grazings constable
• an assessor appointed by us
• a member of the crofting community who occupies a croft or holds shares in a common grazings in the same township.

Things to consider

• A copy of the notification form may be sent to the crofter who is the subject of the report.
• The notification form will be returned if it contains information which is thought to be frivolous or vexatious.
• We will not accept anonymous notifications.

How to notify us

Complete the notification of suspected breach of duties form.

You will be asked for your details and details of the croft, including which duties you consider the crofter to be in breach of.

Notify us

What happens after notification?

The investigation into a suspected breach of duties is a lengthy, legislative process.

• We will give the crofter an opportunity to respond to the notification.
• If we are satisfied the crofter is complying with their duties, no further action will be taken.
• If we consider the crofter is not complying:
  • A ‘notice of suspected breach of duty’ will be issued, giving the crofter 28 days to make representations.
  • If the breach is confirmed, the crofter will be given an opportunity to give an undertaking (a written agreement) to comply with the duties within a reasonable timescale.

Where any breach remains unresolved, this could lead to the termination of the croft tenancy or a direction for an owner-occupier crofter to let the tenancy of their croft. This will always be a last resort.