Crofters' rights

Renting a croft gives you strong rights. You have responsibilities to keep the land well maintained.

Your landlord and the Crofting Commission have a say in how the land is looked after. If you have a dispute with them, you can resolve it at the land court.

Your rights

Your tenancy agreement

Your rights and responsibilities should be listed in your tenancy agreement. This is a written contract that says what terms and conditions you and your landlord must follow.

A crofting tenancy lasts until you or your landlord end it.

Getting a fair rent

If you and your landlord cannot agree on a fair rent, you can ask the land court to decide.

Check the Scottish Land Court's guidance on applying.

Getting repairs fixed

If your landlord owns any buildings or fixed equipment on the croft, they should maintain and repair them. Any agreement you make should be written in your tenancy agreement.

If you own any buildings or fixed equipment, you’re responsible for maintaining and repairing them.

Fixed equipment means things like:

• outhouses and barns

• fences, hedges and gates

• water and sewage systems

• roads, bridges and fords

• fixed electrical items, such as generators and fixed motors

If you cannot afford repairs, you could get a grant or loan through the scheme of assistance.

If you want to divide your croft

You can divide the croft to farm a smaller area of land.

You must get permission from the Crofting Commission before doing this. You must tell your landlord, and advertise your plans in the local paper.

If the Crofting Commission says you cannot divide the croft, you can appeal the decision at the land court.

If you want to make the croft larger

You can add land to your croft if your landlord agrees.

If it'll make your croft larger than 30 hectares, you need the Crofting Commission’s permission. Otherwise, your landlord only needs to tell them about the change.

If you want to leave the croft to someone in your will

You have the right to leave your croft to 1 person.

You cannot divide it between more than 1 person. You cannot leave it to a company, organisation or institution.

Your landlord can object if you want to leave it to someone who's not a family member. The land court can make the final decision if there's a dispute.

Your responsibilities

These are called statutory conditions. If you break any of them, you could be evicted from the croft.

• paying rent - if you do not pay rent for a year, your landlord has the right to evict you

• cultivating the land or putting it to good use

• providing your own fixed equipment

• not damaging the croft in any way

• getting permission if you want to assign, sublet or divide the croft

• keeping to the terms of your tenancy agreement

• not going bankrupt

• allowing access to the land

• being responsible for any subtenants

Using the land

You must cultivate the land or use it for a useful purpose.

Cultivation is things like:

• keeping livestock or poultry

• growing fruit, vegetables or other crops

• planting trees and maintaining woodland

A useful purpose means things like:

• forestry

• using the land for tourism

• generating renewable energy

You must get your landlord’s permission to use the land for a useful purpose.

You should also do your best to keep the land free from pests, vermin and harmful weeds.

Providing your own fixed equipment

You’re responsible for providing fixed equipment required to cultivate the land.

When you end your tenancy, you should get compensation for any fixed equipment you leave on the croft.

Allowing access to the land

You must allow your landlord or someone working for them to access the land for the following reasons:

• mining or quarrying

• hunting, shooting or fishing

• using springs of water that you do not need

• cutting or taking timber or peat that you do not need

• building roads, fencing, drainage or water courses

• examining the condition of the croft and any improvements you’ve made

• getting to and from the shore of a loch or sea which they have a right to use

Your landlord could owe you compensation for accessing your croft. If you cannot agree on an amount, you can ask the land court to set it.

Being responsible for subtenants

If you sublet any of the land, you’re responsible for making sure your subtenant keeps to the statutory conditions. If they break any of them, your landlord can evict both of you.

Living on the croft

You must live on the croft and work the land. If you live more than 32 kilometres away, the Crofting Commission can declare the croft vacant. This allows someone else to become the tenant.

If you need to leave the croft temporarily, make sure you have someone to manage and maintain the land for you. Tell the Crofting Commission that you’ll be away, and let them know how the land will be maintained in your absence.

You'll need your landlord’s permission if you want to build another home on the land.

If the Crofting Commission asks for croft information

You must give it within 3 months. They'll ask about things like:

• the size and boundaries of the croft

• the tenancy terms and conditions

• how much rent you pay

If you do not tell them, or give them false information, you could be fined.

If your landlord asks you to leave

Your landlord can only evict you in certain circumstances. There's a strict process they must follow.

If you’re being evicted for breaking a term of your tenancy agreement, you can get an eviction hearing at the land court. If you think a term was unfair, tell the court why it was not reasonable for you to keep to it.

Check your rights if you’re being evicted from a croft.

If you want to move out

You can end your tenancy on 28 May or 28 November. In crofting law, these are called Whitsunday and Martinmas.

You must give your landlord at least 1 year's notice in writing. Your notice can be less if your landlord agrees.

Use our template letter to end your tenancy

If you want to transfer your tenancy to someone else

This is called assigning.

You must get permission from the Crofting Commission. You must tell your landlord, but you do not need their permission. You must also advertise your plans in the local paper.

If the Crofting Commission says you cannot assign the croft, you can appeal their decision at the land court.

The tenant who takes over the croft will have the same terms and conditions as you.

You can get compensation for any improvements you’ve made. You and the tenant who takes over the croft will need to agree on an amount yourselves.

If you want to exchange your croft

You can exchange your croft with another crofter if all the following apply:

• you have permission from both your landlord and the Crofting Commission

• you and the other crofter have the same landlord

• any common grazing attached to either croft is owned by the same landlord

• the Crofting Commission believes the exchange is fair

If you want to sublet the croft to someone else

You can sublet some or all of your croft for up to 10 years.

You must get permission from the Crofting Commission. You must tell your landlord, but you do not need their permission. You must also advertise your plans in the local paper.

If the Crofting Commission says you cannot sublet the croft, you can appeal their decision at the land court.

If you get permission to sublet your tenancy, the subtenant's rights will be slightly different from yours. They must keep to the statutory conditions. You're responsible for making sure they do.

You do not need the Crofting Commission's permission to sublet some of your croft to holiday guests.

If you want to buy your croft

You may have the right to buy some or all of the croft.

A solicitor can help you negotiate with your landlord and make the purchase. They can help you get a mortgage if you cannot buy the croft outright.

You may also need a surveyor to value the croft.

If you and your landlord cannot agree on a price, the land court can set it. Your solicitor can help you apply to the court.

Buying your home and garden

You have the automatic right to buy the site of your home and a reasonable size of garden. Your landlord cannot refuse to sell this to you.

A reasonable size of garden is between a quarter and half an acre.

If your landlord refuses to sell you the site of your home and garden, the land court can order your landlord to do so. Get advice from a crofting law solicitor if you need to apply to the court.

If there are multiple homes on the croft, you only have the automatic right to buy 1 of them. Your landlord can refuse to sell you any additional homes on the croft.

Buying the croft land

You can apply to buy the croft land that you rent. Your landlord can refuse, as you do not have an automatic right to buy this.

If your landlord refuses to sell you the croft land, the land court can authorise the sale. Get advice from a crofting law solicitor if you need to apply to the court.

Your responsibilities after you buy the croft

You must inform the Crofting Commission of your plans for the croft. They could advertise it as vacant if you do not either:

• live on the croft and work the land yourself

• rent it out to someone else to work

They can then find new tenants for the croft.

If you let out the croft to someone else, that tenant will have all the rights of a crofter. This includes the right to buy land from you.

If you want to decroft the land

If you do not want to continue to croft the land, you should apply to the Crofting Commission to have the land decrofted.

If you want to sell the croft

The landlord you bought the croft from may be entitled to a share of the sale if all of the following apply:

• you bought the croft from them within the last 10 years

• you sell it to anyone other than a family member

• you’re selling the croft land, rather than your house and garden

If you’re subletting from a crofting tenant

You have the same responsibilities as a crofting tenant. You'll have fewer rights. You will not have the right to a fair rent set by the Crofting Commission.

When you agree to sublet the croft, the Crofting Commission should give you and the crofting tenant a lease agreement. This is sometimes called a missive. The missive outlines suggested terms and conditions for your lease.

It should say:

• how long your tenancy will last

• how much rent you pay and when you pay it

• who's responsible for fixed equipment

• what you’ll use the land for

Before signing the agreement, get advice from a crofting law solicitor. They can make sure the terms are fair and explain anything that is not clear to you.

How long your tenancy will last

You can agree any length with the crofting tenant, up to a maximum of 10 years. You can end it early if you both agree to do so.

If the crofter’s tenancy ends

Your tenancy will end as well.

The crofting tenant must give you 6 months notice before they:

• give up their tenancy

• assign the croft to someone else

• exchange the croft with someone else

• divide the croft land

The crofting tenant could end their tenancy for a different reason. If they do, you can ask the Crofting Commission to allow you to stay for up to 12 months. You must apply for this within 1 month of the crofting tenant’s tenancy ending.

If the Crofting Commission agrees, you cannot be evicted from the land during this time.

Resources for crofters

• The Crofting Commission has advice for crofters on their website

• The Scottish Crofting Federation provides information about crofting, and they have a legal helpline for members

• RSABI have a helpline to offer farmers and crofters emotional, practical and financial support