Provisions relating to termination of tenancy and de-crofting

26 Provisions as to removal of crofter.

1

When—

a

one year’s rent of a croft is unpaid, or

b

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

the Land Court may, on the application of the landlord and after considering any objections stated by the crofter, make an order F1—

i

terminating the tenancy;

ii

declaring the croft to be vacant; and

iii

for the removal of the tenant from the croft

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 F2(whether by virtue of this section or by virtue of section 5A or 5B 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.