Early termination of loan

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IrishRegulus

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Dear all,

My horse is coming off loan early - I'll not bore you all with the details - it's been amicable enough and that's as muchas I'd like to get into it.

I used a contract - changing the notice period to 60 days - let the loanee take the contract away to read (I'd higlighted any important bits, or bits I'd cahnged) after a week, we both signed etc. Done and dusted

Things haven't worked out - no one's fault - but the horses have not been getting along so the loanee called few weeks back asking me to reclaim my animal within two weeks.

I've since reminded the loanee of our contractual duties - two weeks ain't really a great amount of time to make the necessaries - but I've done my best to find somewhere - as, imo, once the loan's not working, it's ebst for everyone to get something sorted as soon as poss, and there's honestly no bad feelings.

Ive arranged something for four weeks time, rather than the two the loanee had originally requested. Obviouslt, the loanee is not overjoyed at this but Ive had to put the foot down (didn't like having to do it)

In light of this, I have asked the loanee to send me two copies of one letter, clearly stating the date on which the loanee would like the loan to terminate. I intend to add my signature to both and pop one in the post back to the loanee.

I've told the loanee that I've happy enough to waive the 60 notice period; but, that to keep things right, I'd like the exact time of loan termiation documented, signed and sealed, if you will, with proof of both parties' agreement

My legal mate told me that, without this, techinically, I could leave myself open to breach of contract by removing my animal early, in opppostion to the process laid out in the contract, ie the 60 day written notice period.

Given how things have progressed so far, i am happy I was a little pedant about the contract initially and I don't want to take any further chances.

This was my first experience with loaning - it could have been much, much worse and I still feel postive about loaning in the future :) I'm not a stickler with other people, but I am a stickler with thigns that could, potentially, rear up and bite me in the bum.

Other, less pleasant mates, have suggested that I can legally remove the hrose as per the loanee request and invoice the loanee for all livery charges until the 60 day "notice to quit" period has passed. I think this is a little ****ty, myself as there's no harm done, horse is healthy and the notice period was simply put in to give me peace of mind and more elbow room, not to batter the last vestages of horsey-interest out of the loanee, for whom I'm sure the disappointment is greatest. It must be an awful disappointment that the new arrival doesn't work out, despite all one's efforts.

Just some advice from your folks as this is all quite new to me - I'd like to keep things pleasant and above-board...just wondering if I'm going the right way about it. Thanks for reading
 
I think you are being very sensible.
My only advice to anyone loaning a horse is to make sure that it is both Freezemarked and Microchipped before it goes on loan and that it is vetted so that both parties know what condition it is in.
 
It sounds like you're doing everything right getting the termination documented and if you've had to put down your foot for the 4 weeks then thats fine as it's still earlier than would be expected by the contract. I would just say keep in touch with the loanee visit the horse if you can during the 4 weeks. My only worry would be is the horse going to spend 4 weeks without being ridden and possibly come back unfit? Maybe ask the loanee if they'd be ok for you to start looking for a new loanee this could possibly speed things up or at least give you someone to exercise the horse but if possible tell the new loanee they will have to stay on the yard your moving to and that way the horse doesn't get moved around too much :)
 
I don't think there is absolutely any more you could have done or asked for.

You are protecting yourself and your loaner by asking for things in writing and you are keeping things amicable, mature and polite- you have even met the loaner half way by reducing the 60 day period you both agreed to. As long as both you and loaner are happy with this, then I see nothing further that you can do.

I wouldn't start messing people around with recharging livery etc. The loaner still has the horse, you have both come to a mutual agreement, why start making things potentially messy and nasty?

Sorry to hear this loan didn't work out, but good that it hasn't put you off loan homes. Hope you enjoy having horsey back, or find another lovely loan home for them :)
 
Hey guys,

Thanks so much for the replies - as I'd said..never done this before and wasn't sure if Iwas being an a*se about it all. He will be unfit as he's not really been used at all...but that'll be our summer project/rebonding (I'll not lie, secretly I'm overjoyed to take him back) I had awful seperation anxiety and cannot wait to get back out and have adventures with a dearly missed friend...the loan got me out of rough spot in a horrible yard. As long as he's in good health, (which he is -the loanee has been great that way) I'm not so bothered over his level of fitness. I'm self-employed so can easilt spare the time in the morning to get him back up to competition fitness (how lucky am I that I can begin my days that way). Glad to know I'm on the right track. lessons learned, but no one got burned. A few good things are that in the new yard will be two old herd buddies for him :) and it's just roudn the corner from where he used to be, so hopefully that'll help him settle:) I feel a lot better now.thank you for your replies.x
 
misskk88 said:
I don't think there is absolutely any more you could have done or asked for.

You are protecting yourself and your loaner by asking for things in writing and you are keeping things amicable, mature and polite- you have even met the loaner half way by reducing the 60 day period you both agreed to. As long as both you and loaner are happy with this, then I see nothing further that you can do.

I wouldn't start messing people around with recharging livery etc. The loaner still has the horse, you have both come to a mutual agreement, why start making things potentially messy and nasty?

Sorry to hear this loan didn't work out, but good that it hasn't put you off loan homes. Hope you enjoy having horsey back, or find another lovely loan home for them :)
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Hi. I couldnt agree more and thank you for your kind words...that livery charging came from a "lawyer" friend...he even said it with a devilish sparkle in his eye...that's lawyer for you...I'm in the camp of, provided people treat each other honourably, there's no need for lawyers...and I want to stress that the loanee, to my mind, is a honourable decent person...and I don't like giving good people a hard time..if a person is genuine, I can overlook a *lot* cos, you know, these things happen...and I feel bad for the loanee, I really do...but that's bl00dy horses for you, init? hahaha. I'd definintely loan again - in as much as I've learned, loans can be a wonderfully, mutually beneficiai arranagements and I was brought up to share:) so if, for reasons x.y.z I can't give my horse the work he needs, why not allow someone else, whose own circumstances prevent them from purchasing, to get some joy from the animal? x
 
Taking him back early and charging livery would be a bit s***** as you said so I think you're doing the right thing. Two weeks is not enough to find decent facilities. Far better to keep things professional and amicable, particularly as there has been no mistreatment. It's not an ideal situation but you both seem to be handling it reasonably.
 
epeters91 said:
Oooo I am glad you're getting him back then if you've missed him alot :) best of luck and hope you have lots of fun together :)
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Awh, thanks :) yup, kept seeing his big face when I put my head down at night ... he might be a big silly looney, but to me he's one of the most beautiful things on this earth :)
 
Apercrumbie said:
Taking him back early and charging livery would be a bit s***** as you said so I think you're doing the right thing. Two weeks is not enough to find decent facilities. Far better to keep things professional and amicable, particularly as there has been no mistreatment. It's not an ideal situation but you both seem to be handling it reasonably.
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I've heard and read some horrible stories..that really ought to serve as a reminder of what can happen when two people throw civility to the wind - it's quite ugly. Most of the time too, it happens because two people have misuderstood the other. Think about the horses and throw human ego to the four winds! :D
 
Dear all,

I hope I've acknowledged all the peeps who took some time to reply - if I've forgotten someone, please let this serve as my thanks for all the support and advice - it was all takin on board, chewed around for a bit, and acted upon.

In the spirit that, quite possibly compelled some of you, to share your kind words and thoughts, I decided to offer the loanee some time each week, at my new place, to play with my horse. My OH thinks I'm being too nice; but, in that regard, I do believe she is wrong...there's no such thing as being too nice - if that results in someone taking advantage, it's their malfunction - being decent should never result in someone feeling like a chump. We don't stop eating food becasue we went to a bad restaurant :D

What started as a potentially nasty row has now become something very pleasant and, I dare say, we've even become a little closer. Singing off before anyone needs to hurl :P

My thanks to you all. The world feels like a better place today. A much wiser man than I could ever hope to be, did say:

Be the change you wish to see in the world.

x
 
IrishRegulus said:
Dear all,

I hope I've acknowledged all the peeps who took some time to reply - if I've forgotten someone, please let this serve as my thanks for all the support and advice - it was all takin on board, chewed around for a bit, and acted upon.

In the spirit that, quite possibly compelled some of you, to share your kind words and thoughts, I decided to offer the loanee some time each week, at my new place, to play with my horse. My OH thinks I'm being too nice; but, in that regard, I do believe she is wrong...there's no such thing as being too nice - if that results in someone taking advantage, it's their malfunction - being decent should never result in someone feeling like a chump. We don't stop eating food becasue we went to a bad restaurant :D

What started as a potentially nasty row has now become something very pleasant and, I dare say, we've even become a little closer. Singing off before anyone needs to hurl :P

My thanks to you all. The world feels like a better place today. A much wiser man than I could ever hope to be, did say:

Be the change you wish to see in the world.

x
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VERY wise words....... :)
 
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