# Crofting and Scottish Land Court Act 2026, Section 28: Tenancies which cannot be private residential tenancies

Extent: S
Status: prospective

(1) The Private Housing (Tenancies) (Scotland) Act 2016 is modified as follows.
(2) In schedule 1, after paragraph 4, insert—
“4A (1) A tenancy cannot be a private residential tenancy if the let property includes a croft.
(2) For the purposes of this paragraph, “croft” means—
(a) a holding which is a croft within the meaning of section 3 of the Crofters (Scotland) Act 1993,
(b) land or a holding in relation to which the Crofting Commission have made a determination under section 3A(1) of that Act or, as the case may be, section 3A(2) of that Act, to constitute the land or holding as a croft,
(c) a holding which is a croft within the meaning of section 3ZA of that Act.”.

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Source: https://www.legislation.gov.uk/asp/2026/17/section/28 (the official version)
Page: https://openlegislation.uk/crofting-and-scottish-land-court-act-2026/section-28
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.