Tannis
Well-Known Member
Just wondered how you would deal with a hypothetical situation.
Multiple horses on loan with documented loan agreement with set dates. End of loan agreement period comes and goes, no documented renewal but leasee continues caring for horses for many years. Two and a half years in, leasor issues new agreement with completely different terms which would prevent leasee from fulfilling terms of lease. Leasee doesn't sign new agreement. Contact with leasor dwindles to nothing. Leasee continues to care for horses without lease agreement in place and never claims ownership of horses or charges livery.
Then leasor wants to visit (no problem) many years after horses placed with leasee. Apparently no issue but then bit of a disagreement between leasee and leasor.
Leasee prepared to continue to look after horses but requests new loan agreement because original lapsed many years ago.
Leasor will not issue new agreement - say original still in force. Leasee says no, it's now many years after original agreement and the conditions need updating.
Leasee contacts solicitor and advised that the original lease agreement has lapsed and although leasee cannot claim livery for past years care, leasee can issue a request for the horses to be removed otherwise livery will be charged.
Leasee contacts leasor and asks for horses to be removed.
Leasor doesn't remove horses but sends solicitors letter saying original lease is still in force (second, unsigned lease not mentioned to solicitor). Leasee goes back to solicitor and told it is such a cut and dried affair that it is simple - issue notice to remove, give ample time for removal of horses then start charging livery.
Three months later, leasor still refusing to move horses but also refusing to pay livery. Leasor still sending solicitors letters saying original lease still in force.
Query: has anyone else had problems where one party to a loan/lease agreement insists it is still in force when one party states clearly that it has lapses but has issued notice of termination anyway? What happened?
Note: horses involved are now quite elderly. Leasee has offered to buy them but been turned down. The leasor has threatened to have them pts if leasee forces removal.
Multiple horses on loan with documented loan agreement with set dates. End of loan agreement period comes and goes, no documented renewal but leasee continues caring for horses for many years. Two and a half years in, leasor issues new agreement with completely different terms which would prevent leasee from fulfilling terms of lease. Leasee doesn't sign new agreement. Contact with leasor dwindles to nothing. Leasee continues to care for horses without lease agreement in place and never claims ownership of horses or charges livery.
Then leasor wants to visit (no problem) many years after horses placed with leasee. Apparently no issue but then bit of a disagreement between leasee and leasor.
Leasee prepared to continue to look after horses but requests new loan agreement because original lapsed many years ago.
Leasor will not issue new agreement - say original still in force. Leasee says no, it's now many years after original agreement and the conditions need updating.
Leasee contacts solicitor and advised that the original lease agreement has lapsed and although leasee cannot claim livery for past years care, leasee can issue a request for the horses to be removed otherwise livery will be charged.
Leasee contacts leasor and asks for horses to be removed.
Leasor doesn't remove horses but sends solicitors letter saying original lease is still in force (second, unsigned lease not mentioned to solicitor). Leasee goes back to solicitor and told it is such a cut and dried affair that it is simple - issue notice to remove, give ample time for removal of horses then start charging livery.
Three months later, leasor still refusing to move horses but also refusing to pay livery. Leasor still sending solicitors letters saying original lease still in force.
Query: has anyone else had problems where one party to a loan/lease agreement insists it is still in force when one party states clearly that it has lapses but has issued notice of termination anyway? What happened?
Note: horses involved are now quite elderly. Leasee has offered to buy them but been turned down. The leasor has threatened to have them pts if leasee forces removal.
