The Accidental Smallholder Forum
Smallholding => Crofting => Topic started by: Rosemary on July 11, 2015, 12:19:19 pm
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As I understand it, crofting tenancies have a condition that the land must be used for agriculture, horticulture or forestry. If a croft isn't worked in accordance with this or not worked at all, the Crofting Commission has the power to reassign a tenancy to someone who will work it.
Am I right in this?
If so, how does this translate to owner occupied crofts? Is there a caluse in the deeds and how would it be impemented in practice?
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Correct (in theory), the CC can force a tenancy to be reassigned. The CC can force an owner occupied croft to be tennanted in a similar way, the owner is forced to rent it to someone.
In practice the CC moves very slowly and prioritises its cases. They focus on those crofts that have been empty for years and whose crofter lives hundreds of miles away.
One bit of croft land in my area was recently bought by people who told me they have no intention to do any crofting. I don't know what they told the CC but they probably don't care as the people will be living on the land.
I know someone else who had proceedings started against them as they don't use the croft and live at the other side of the country so they fenced the land and that was enough for the CC to think they were using the land.
The system could do with some improvements and being given some real teeth!
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The CC can force an owner occupied croft to be tennanted in a similar way, the owner is forced to rent it to someone.
The system could do with some improvements and being given some real teeth!
So in theory, it can be done.
I agree with the second statement. Why does it take so long / not happen?
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my ex has lived thousands of miles away for the last 5 and a bit years but the CC have told me they have a backlog of absent tenants they need to deal with stretching back a lot further than that so don't expect to get around to my issue for a long time yet :'(