In pursuit of our Croft Occupancy Initiative we have been unable to contact some crofters at the address last provided. Please click here to view the list. In the interests of the crofters concerned they, or anyone with relevant information, are invited to contact the Occupancy Team - T:01463 663471 E:occupancy@crofterscommission.org.uk
Failure to make contact may result in us beginning proceedings to terminate or let these croft tenancies.
Background
A report commissioned by the Committee of Inquiry into Crofting (Shucksmith Report) identified croft absenteeism as the most important area for crofting regulation. The Committee of Inquiry itself reported that nine out of every 10 responses indicated that absenteeism had to be dealt with. And in its own response to the Inquiry the Scottish Crofting Foundation stated that: “Absenteeism must be vigorously pursued.”
So the announcement by Roseanna Cunningham, Minister for the Environment, in early January that the Crofters Commission will systematically address absenteeism will be welcomed by most. The Minister said, "I have asked Commissioners to conclude cases of absenteeism that have existed for 10 years or more. This will ensure we focus resources on resolving those long outstanding cases first. The crofting community as a whole will benefit from this direct action."
In response the Commission has now written to all absentee tenants (673) and absent owner occupiers (217) of 10 years and over advising them of the Minister’s statement and the follow up work that the Commission will undertake. It intends to work down through the years to a much earlier cut–off point. Over the next year the Commission will progressively examine each case, in accordance with the requirements of the Crofting Act.
The Act defines an absentee as a crofter who is not ordinarily resident within 32 kilometres of the croft. The Commission has to be satisfied that it will be in the general interest of that crofting community for the tenancy to be terminated and the croft let to another person.
Before reaching such a stage the Commission must consider all the circumstances of the case, including the extent to which the croft is worked and the nature of the arrangements where it is worked by a family member. Before issuing a termination order the Commission must advise the crofter and the landlord that it is proposing to do this. They are given the opportunity to make representation against the proposed order. If unsuccessful, notice of the termination Order will be given at least three months before either the Whitsun or Martinmas term dates.
This is the ultimate stage, but it need not reach this point. The Commission will take account of individual situations when examining all the circumstances of a case. Also absentees have the opportunity to resolve their situations themselves. An obvious example is by returning to live on or near the croft. A limited timescale to do so may be agreed with the Commission. If no timescale can be agreed the absentee may apply to assign it to another person. A new entrant to crofting would be preferable.
The croft tenancy can also be renounced. The landlord will provide compensation for any permanent improvements and re-let the croft.
There may be situations where the family home remains part of the croft but to return to reside there permanently is unrealistic. In such instances it is possible to purchase and decroft the house and garden ground and assign the remainder of the croft.
Purchasing the croft itself does not resolve an absentee situation nor remove the croft from crofting legislation. Crofters who purchase crofts become the landlord of a vacant croft. Technically, unless they live on and work the croft the Commission can ask them for proposals to let the croft.
There is no legal requirement for the Commission to give any consideration to the particular circumstances of an absent owner. However, as with tenants an opportunity may be given to take up residence within a limited timescale, and consideration may be given where a family member is resident on and working the croft.
Once the Commission gives formal notice to an absent owner to re-let the croft, he has two months in which to submit acceptable proposals. If these are not forthcoming the Commission will then re-let the croft itself.
Communication between the Commission and absentees is a vital part of the process for resolving situations. Ignoring letters from the Commission does not evade action and can entail a swifter move towards the termination of the tenancy or the relet of the croft.
The Commission makes reasonable attempts to obtain addresses, but if unable to do so a notice will placed on the croft proposing to terminate the tenancy unless contacted within 21 days. The opportunity for consideration of mitigating circumstances may be lost through the failure to respond to earlier communication or to have advised the Commission of changes of address.
It is generally accepted that the greatest single contribution that crofting can make to sustainable economic development in rural areas is to ensure that crofts are occupied. In taking this initiative forward the Commission is aware of the many challenges it may face. However, in addressing these it has to be guided by the principle of what is best for the long term future of crofting.
