Crofters (Scotland) Act 1993

26 Provisions as to removal of crofter. S

(1) When—

(a) one year’s rent of a croft is unpaid, F1 ...

(b) a crofter has broken one or more of the statutory conditions (other than the condition as to payment of rent), [F2 or

(c) a crofter has breached any duty mentioned in section 5AA, 5B or 5C,]

the Land Court may, on the application of the landlord and after considering any objections stated by the crofter, make an order [F3 —

(i) terminating the tenancy;

(ii) declaring the croft to be vacant; and

(iii) for the removal of the tenant from the croft]

[F4 (1A) For the purposes of paragraph (c) of subsection (1)—

(a) where a crofter has sublet the croft by virtue of a lease to which section 27 applies, the crofter is deemed to comply with the duties mentioned in that paragraph (other than the duty not to misuse the croft) if the crofter's subtenant complies with the duties;

(b) where the Commission have granted consent under section 21B, the crofter is deemed to comply with the duty mentioned in section 5AA.]

(2) When a crofter whose rights to compensation for permanent improvements have been transferred in whole or in part to the Secretary of State under section 43 of this Act—

(a) has abandoned his croft; or

(b) has broken any of the statutory conditions (other than the condition as to payment of rent); or

(c) has broken any of the conditions of repayment of a loan contained in the agreement for the loan;

the Land Court may, on the application of the Secretary of State and after considering any objections stated by the crofter or the landlord, make an order for the removal of the crofter.

(3) If a crofter is removed from his croft [F5 (whether by virtue of this section or by virtue of section 5A or [F6 26H] of this Act)] , the landlord shall be entitled to set off all rent due or to become due against any sum found to be due by the landlord to the crofter or to the Secretary of State for permanent improvements made on the croft.

Textual Amendments

F1 Word in s. 26(1) repealed (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(17)(a) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F2 S. 26(1)(c) and word inserted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(17)(a)(ii) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F3 Words in s. 26(1) substituted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(8)(a) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F4 S. 26(1A) inserted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(17)(b) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)

F5 Words in s. 26(3) inserted (25.6.2007) by Crofting Reform etc. Act 2007 (asp 7), s. 43(3), sch. 1 para. 2(8)(b) (with ss. 40, 43(2)); S.S.I. 2007/269, art. 2, sch.

F6 Word in s. 26(3) substituted (1.10.2011) by Crofting Reform (Scotland) Act 2010 (asp 14), s. 57(2), sch. 4 para. 3(17)(c) (with s. 57(4)); S.S.I. 2011/334, art. 3, sch. Pt. 1 (with art. 4)