Duty of care (livery)

[Abacus]

Does anyone know what is the duty of care of a landowner, who is also the provider of livery services, to a horse on the land when the bill isn't being paid?

Without giving too much information, I have a horse here (living out) which as part of the livery arrangement I feed and give hay to twice per day. Owner provides food and I provide the hay, included in the overall livery package. I pay for part of the services to be carried out by a self employed groom, who of course I pay accordingly (and this service plus my own when I do the yard is also part of the livery package).

If the owner fails to pay the bills, what is the minimum level of care I can provide, strictly according to the law? My feeling is that I should be able to say that, apart from the unpaid bill, the horse is now considered to be on a DIY arrangement and that hay is no longer being provided, so the owner will have to rock up twice a day to look after it, give it feed from her own supply, and bring her own hay.

And if she fails to do so, what then do I have to provide the horse? Water, obviously, but am unclear on whether legally I have to continue feeding it? Obviously I won't let the damn thing starve, but I am curious about whether she might lean on this duty of care to force me to keep on providing hay and care if she fails to appear.

 

[Equi]

What are my rights when a horse livery customer fails to pay?

Whether a livery has removed their horse but failed to pay or has both defaulted on payments and abandoned their horse in your livery yard, there are several options available to you to remove the horse and claim your money back.

rotherabray.co.uk

You will still be responsible for the welfare and feeding. It will just be continually added to the bill for a small claims.

 

[Highmileagereindeer]

I think you would have to serve notice to the owner, in writing, and set out a clear time limit for your expectations. If you are preventing access to the animal until all bills are settled, then some framework to release horse and goods should probably apply. Not absolutely sure, but I think BHS has some guidelines that may be useful. World Horse Rescue may get involved with an abandoned horse too. As far as minimum care, the RSPCA considers basic food and water enough to negate them from involvement of any welfare issues. Personally, I would consider a rug and shelter to be necessary too.

 

[Pinkvboots]

A person I worked for some years ago was in a similar position and the full livery bill ran into several thousands of pounds the owner signed the horse over to pay the livery bill.

Fortunately for the pony she was kept by the yard owner and used for lessons.

 

[Lucky788]

I wouldn’t be able to provide minimum care or not feed personally. I’d continue to care for the horse, issue notice and add the costs to the bill.

It’s not the horses fault they have a terrible owner.

 

[Lucky788]

Could you not issue an abandonment notice if she isn’t caring for her horse?

 

[MissTyc]

Happened on my yard and the owner refused both to pay, look after, or remove his horse (for no good reason, just a chancer). In small claims, we were awarded £6/day costs for every day after the notice to leave expired. The notice specified this cost + there was an amount owing on the notice as well. The guy didn't ever pay (and we didn't persue) but did end up signing over the pony which covered at-cost expenses even if not the full amount "owed".

(in our case the presence of the pony didn't affect the business other than feed/time costs as it wasn't taking up a stable)

 

[ihatework]

I think duty of care would mean adequately fed too. That would need to be recovered via court or proceeds from abandonment.

Quite honestly I’d take a deposit plus months livery up front and not take any excuses. The second they default serve notice and don’t wait too long to go through the abandonment process.

 

[PeterNatt]

What are the terms of the written contract you have with the owner of the horse?
If not a written contract, then what was the verbal contract with the owner?
You need to obtain legal advice from a specialist Equine Solicitor.
If you are a 'BHS Gold Member' you can obtain legal advice from them.
List of Equine Solicitors below for your assistance:

Actons
Tel: 0115 91002200 Caroline Bowler

Hannah Salter (Sale and Purchase disputes, Loans, Livery and Facility Hire Agreements)
Waddington Turner Wall Solicitors
Michael Bower Equine Law
Mark Carter
White Bowker Solicitors
Tel: 01962 844440
www.wandb.co.uk
mark.carter@wandb.co.uk

Andrew Dalton
Who is a solicitor and rides a motorbike having been a courier www.adventurebikerider.com

Helen Niebuhr
Darbys Solicitors
52 New Inn Hall Street
Oxford
OX1 2QD
Tel: 01865 811 7000
Tel: 01865 811712
www.equine-law.net
E: equine@darbys.co.uk

Jaqcui Fulton Equine Law
Tel: 0121 308 5915
jf@equinelawuk.co.uk
www.equinelawuk.co.uk

Hannah Campbell (Specialise in compensation cases)
Tel: 01446 794196 (Specialises in traffic accidents involving horses)
www.horsesolicitor.co.uk
info@horse solicitor
Hanna Campbell and Ian Dexter

Horse Solicitors
(Took on case in 2013 on behalf of Claire Berry-Jones) involving making a claim Motor Insurers Bureau (MIB) Untraced Drivers Agreement for Compensation
£250,000 when driver spooked her pony causing it to fall on the claimants leg

Alexandra Agnew
Mischcon de Reya
Africa House
70 Kingsway
London
WC2B 6AH
Tel: 020 3321 7000

Jacqui Dark (Nee Fulton)
Equine Law Firm
The office
Home Farm Cottage
Kiddington
Oxfordshire
OX20 1BY
Tel: 0121 308 3132
E: jd@equinelawuk.co.uk

Rebecca Stojak
Geldards
Tel: 01332 378 378
Tel: 07702 873 743
E: Rebecca.stojak@geldards.com

Deborah Hargreaves
Edmondson Hall Solicitors and Sports Lawyers
25 Exeter Road
Newmarket
Suffolk
CB8 8AR
Tel: 01638 560556
Tel: 01638 564483
E: solicitors@edmondsonhall.com
E: ah@edmondsonhall.com
www.edmondsonhall.com/page/1r6ef/Home/partner.html
Wrote an article on The Legal pitfalls of Buying and Selling Horses

Elizabeth Simpson Senior Solicitor at law firm Andrew M Jackson
Tel: 01482 325242
www.andrewjackson.co.uk
enquiries@andrewjackson.co.uk

David Forbes or Belinda Walkinshaw
Pickworths Solicitors
6 Victoria Street
St Albans
Hertfordshire
AL1 3JB
01727 844511

Mark de-villamar Roberts
Langleys Solicitors Equine Law Group
Tel: 01904 683051
E: mark.Roberts@langleys.com
www.equinelawyers.co.uk

Elizabeth Simpson
Senior Solicitor
Andrew Jackson
Yorkshire
Tel: 01482 325242
www.andrewjackson.co.uk

Richmond Solicitors
13-15 High Street
Keynsham
Bristol
BS31 1DP
Tel: 0117 986 9555
enquiries@richmonssolicitorsco.uk

Jacqui Fulton
Giselle Robinson Solicitors
Inderjit Gill
Jacksons Specialist Equine Solicitor
(Represented Gaynor Goodall in an accident on a bridleway on Tameside County Court 01 February 2010).

Knights Solicitors
Tunbridge Wells
Tel: 01892 537311
www.knights-solicitors.co.uk
Work with GRC Commercial Bailiffs
Senior partner very good on equine matters

Ian Dexter
Horse Solicitor
The Old Bank
Commercial Street
Llantwit Major
Vale of Glamorgan
Wales
CF61 1WG
Tel: 01446 791 812
Tel: 01446 794 196
info@horsesolicitor.co.uk
ian@horsesolicitor.co.uk
www.horsesolicitor.com

www.laytons.com

Cathryn Godfrey
Irwin Mitchell
Specialises in Horse Riders injured on the roads

Hannah Bradley (Equine and Bloodstock disputes)
Setfords
74 North Street
Guildford
Surrey
GU1 4AW
Tel: 020 3829 5557
E: info@setfords.co.uk

Mary Ann Reay Charles or Chris Shaw
Shaw and Co Solicitors
Equine Law Specialists
Tel: 0800 019 1248
info@shawandco.com
www.shawandco.com

 

[Bonnie Allie]

I think you are lovely and polite in this situation. Of course continue to care for the horse, yes follow formal processes for notification and recovery of money but I would have served notice, by phone, by text and personally if I had to.

Why can’t horse people pay bills? What makes them special that they don’t feel they need to.

When we used to take a livery or two, it was one month in advance bond + one month in advance livery + direct debit monthly for 15th of every month set up before you set foot on the property. If your payment didn’t go through on 15th it automatically triggered termination and you had one month where you would be burning down your bond until you left. Any unused bond was returned to them.

This process stopped 50% of the hopefuls in their tracks. I just didn’t want the hassle. Pay or leave. Simple.

 

[Abacus]

Thank you for the replies and particularly @PeterNatt for all the legal details.

In answer, I have been very informal as she is a very old friend of mine. No deposit, no contract (although I expect if necessary I could drag up some WhatsApp messages confirming the arrangement and costs). I really hope it won’t get legal and can be resolved but am not prepared to let it go on too long. And I was curious about whether I can cut my liability to a minimum by saying that she has to do and provide everything herself.

She has finally replied to messages today so at least there is some communication.

 

[Highmileagereindeer]

Hopefully, there is a good reason for non communication and all can be resolved. On our DIY yard, monies are paid on the 1st of the month for the coming month. If not paid, farmer owner sends a WhatsApp message simply saying your rent is overdue, pay immediately or the horse will be tied to the gate with all your belongings. On a couple of occasions he has seen an owner loading stuff into the car preparing to move, and he has parked the tractor across the gateway, blocking them in the yard until someone turns up with the outstanding cash.

 

[Richard Chambers]

Thanks for recommending Caroline Bowler @PeterNatt. However, she no longer works for Actons, but has been at Rothera Bray since 2022 (her number is 0115 8963467).