Feel a bit stuck

S

sam72431

Well-Known Member
Joined
4 April 2008
Messages
971
Location
Hampshire
Visit site
A friend of mine took my horse to break in, she did a brilliant job and honestly cant praise her enough I sent him to her on the understanding that I would sell him and she could then have the money for her time! Anyway she did a fab job and persuaded me to keep him as she had become quite attached to him, my financial situation at the time was bad but she assured me i could pay her when i had the money even if that was in next year (it was last august) anyway i decided to keep him and move my other horse to her yard to make things easier so that she could be on hand to help with my youngster if needs be. I signed a contract to say that i would pay her the money when possible and the final amount etc! Anyway following a really bad winter which i know is out of her control the yard is a mess and im really miserable! The mud is so bad my horse actually fell over in it and couldnt get up, he managed to get up eventually and then as i was opening the gate i slipped and fell he panicked and jumped over me and cantered off i managed to keep hold of my other horse and luckily he stopped but he stepped on his rope and panicked and tried to rear but his back legs slipped and he dropped down onto his bum, lots of things arent right everything is difficult due to the set up, there is no hose so i cant even wash the mud off there legs when they come in, the stables are poor, my 18hh is in a standard 12x12 stable resulting in him getting injured, the flooring is limestone which isnt properly set so i end up with stones in the bed and both stables have big holes at the front that i have to plug with hay so they dont put there foot in! I'm all up to date with my livery and after my horse falling over i decided to hand my notice in hoping if im honest to move asap as they are insisting my horses have to go into that field which im obviously not happy about! Only trouble is im not finished paying off the breaking in money, my friend is insisting i stay for the month but i just am not prepared to risk an injury to me or my horse! She says it is common practice to give a months notice! I have not signed a contract and as far as i can see i dont think i'm obliged, she is happy for me to set up a standing order for the remaining money and obviously have a proper contract drawn up to ensure that she gets all the money which im more than happy to do as i do want to pay her it all as she has done such a good job! I dont want to fall out with her at all but i do feel that my horses welfare is my priority and i just dont feel there needs are being met! I feel stuck and dont know where to turn i literally hate seeing them in the conditions they are in its really upsetting me, i have asked for ages for them to move fields but keep getting told there is only a small paddock available which again just isnt ideal at all! Thanks and sorry for long post!!
 
Paying the notice period is the done thing, so I'm afraid I agree you should pay it. There's no obligation to stay there for another month though, just to pay for it.
 
Whilst its normal to pay a notice period, the yard should be providing suitable facilities, which you're paying for. Appreciate the weather cannot be controlled!

Do you pay weekly or monthly.
 
I havent actually agreed to a notice period though as i dont have a contract, i pay monthly, when i went to the yard i wasnt told what a notice period would be just now been told it is standard practice to give a months notice? I just dont feel the facilities are anywhere near up to scratch, especially as one of my horses has arthritis and shouldnt be in deep mud i have told my friend this but nothing has been done?
 
Also should of said i gave notice of my intentions yesterday and would be looking to move the week after next so in affect would be two weeks notice, a breaking in payment would be in the bank and also all livery paid in full!
 
A lot of people pay the 1 month notice, but move asap. Because you still paid it, it means you don't have to keep your horses there.

I agree that it is the done thing to give 1 months notice, contract or no contract. It's unfair to just say you're leaving and them be out of pocket due to empty stables they didn't realise they were going to have to fill.
 
Even though you didn't have a written contract, you had a verbal one. And notice period is just standard practice. The facilities may well not be ideal, but except for the mud issues, they can't be that different to when you first moved.
 
I just cant afford to pay another month for stables im not going to use, a month up front at my new yard and then another £280 for months breaking in money! I just literally dont think i can hack another month, i could write a list of all things that are just awfull but i only mentioned the main things! If i did hold a contract (i dont) which hasnt been adhered to ie. facilities not as they should be, would i still be obliged to adhere to a months notice?
 
Basically alot of things that i was promised havent materialised! I was promised a bigger stable for my big horse which i havent been given i was told i would be able to rotate fields i havent been able to! List goes on, you say its only mud but when it comes up over your knees and you cant stand in it let alone push a wheelbarrow! Its like it everywhere due to tractor and i have to push any feed or bedding through it along a track which is a good five min walk, when i want to empty my wheelbarrow its a good walk again i have to duck under fencing and battle against yet more mud its exhausting! The field mine are in is another ten min walk, i'm not just being lazy it is honestly awfull! its affecting my mares legs being in all the mud as well she is just not right coz of constantly being in it!
 
So i should just put up and shut up even though there are potential injuires to be had? Where would i stand if i am forced to stay and something happens?
 
sam72431 said:
Also should of said i gave notice of my intentions yesterday and would be looking to move the week after next so in affect would be two weeks notice, a breaking in payment would be in the bank and also all livery paid in full!
Click to expand...

It sounds as though you will have already paid two weeks' notice so you should only pay for another half month.

I'm afraid if you don't want to lose a friendship you should move your horse's ASAP and pay the remaining notice.
 
Think it's a case of well you knew what the facilities were like when you moved there. You were willing to make do with what was already there for however long until these promises materialised, so you couldn't really leave without notice because of that. And yes, the mud may be bad, but that's really no ones fault, blame the weather!

Really, seeing as you don't have a written contract you could just up and leave, BUT it's not thought of very highly and there are still some that will tell you and believe that a verbal contract is as binding as a written one.
 
Worth bearing in mind, that if you don't pay the notice, there is every chance your friend could demand what remains of the breaking costs be paid in full immediately. If you just refuse to pay the notice, then chances are it wouldn't make economical sense for your friend to go through the legal route & claim 2weeks livery. But, yard owners talk, & it could well mean you aren't welcome, or are charged a hefty deposit if you ever need to move yards locally in future.
 
Just be careful you don't lean too heavily on the no contract or not being told it was one months notice.

There are certain implied terms that do not need writing into contracts. For example, it is an implied to that an employer must take measures to ensure the safety of employees.

If there is enough of an industry standard, it could be an implied term that the termination period is equal to the payment period...so, paying a month in advance could imply a to of one months notice.

This would of course probably never matter as would probably never get that far, but I mention it as you have other monies owing. If you leave on not such great terms and then miss a few payment (there are no guarantees) she may want to take you to civil court. Something like this could then be used to show that you have been a poor debtor.

Just saying :)

As for what I would do...buy her a massive bunch of daffodils as they always bring a happy mood, with a card that says inside just how much you appreciate what she has done for you, how committed you are to paying her for the services and how glad you are that she advised you to keep the horse as it has worked out so well...but that you just want to move them somewhere that will make your day to day life a lot easier. You have no intention of doing anything that would damage the friendship and so you will pay the final month.

I do think you need to pay the full month even if you leave early, as a gesture of goodwill, but also because I do think it is right to do that.

Hope you have found somewhere lovely :)
 
Just pay your month and move your horses out and just hope that you haven't lost a good friendship, she will understand where you are coming from about your horses and their well being. Just keep in mind you are the one saying she has helped you out with your youngster, but now slagging her off, the weather has been really rotten for most of us and we've had to take it as it comes and from what they say much more bad weather on the way, just you hope and pray you don't need to ask for her help again, because you will know what the answer might be.
 
Thanks everyone I'm honestly not slagging her off! When I spoke to her about moving she actually said she could completely understand why as the yard is difficult and she said even she gets pissed off with it, I've said nothing on here that I haven't said to her face I just wanted you to know the full story so you were able to give me an opinion that's all! I know weather has been bad but it isn't just the mud it is as my friend said the layout of the yard! I am having another chat to her tomoz about it all but am confident that it will all be resolved amicably and will come to some arrangement! I am very grateful to her and would never want to ruin the friendship as she has helped me so much! And she is keen to help with carrying on with his training once i move them! Thanks everyone
 
If you were happy there and she had to evict you, would you like a month's notice to leave? I think you would. It sounds like the layout of the yard is a pain but it hasn't changed since you've been there, it has just become exceptionally hard going with all the mud. They can't just put your horses on a new paddock when there is mud or they'll have no grass left anywhere. It sucks but we hear enough on here about horses on yards not even being allowed out in the wet so as not to churn it up, what can people do, my land was doing so well all winter and now this past couple of weeks its starting to give up!

I really would not recommend not paying the month's rent because there is no written contract, you owe this girl money and want to stay friends with her it seems, leaving and not paying the livery is not going to end well.

Sometimes with friends it is the decent thing to just imagine there was a 'standard' contract in place, with all the terms you would expect of that situation. If it helps I had a horse palmed off on loan to me, I didn't particularly want to take him and then I fell off the ***** thing and broke my arm, a week later I was about to return him when he got a kick in the field and incurred a 180 quid vet bill, we had no contract but I thought suck it up, horsey land is a small world indeed...
 
I don't owe her any money all the livery money is up to date! I think it's acceptable to ask to move paddocks when the mud is so bad that your horse has fallen over in it on a number of occasions yesterday I actually couldn't get him up and he really really panicked it was horrible this is due to mud being churned up by tractor so not normal mud at all! You literally can't walk in it at all, one of mine has arthritis and the other has liver damage due to mud fever that wasn't treated correctly by the vet and actually turned out to be vaculitis so his skin is very sensitive I was told hard standing would be down before winter! Ill let you know how I get on tomoz I'm hoping to come to some sort of compromise!
 
sam72431 said:
I don't owe her any money
Click to expand...


Yesyou do...you still have outstanding payment owed on the schooling fees.

I totally understand why you want to move and I would not be happy with the situation if my horses were falling over either, so I am with you on that, whether it reads that way or not, I don't know as I have the advantage of not just reading my words on a forum :)

My point is just that I feel it right to pay the month notice, whether you leave or not and that yes, you do still owe her money for the schooling, so you may need to reassure her.

As for being paid up for livery...if you pay once a month, arguably, you should give one months notice. If you pay weekly, give a weeks notice. This is where not having a contract can actually go against you.

TBH, even if I paid weekly with no contract, I would give a months notice and if it were a friend of mine, I would give more if I could as running a business like this is hard at the best of times.


Good luck and I hope it all works out with smiles :)
 
sam72431 said:
A friend of mine took my horse to break in, she did a brilliant job and honestly cant praise her enough I sent him to her on the understanding that I would sell him and she could then have the money for her time! Anyway she did a fab job and persuaded me to keep him as she had become quite attached to him, my financial situation at the time was bad but she assured me i could pay her when i had the money even if that was in next year (it was last august) anyway i decided to keep him and move my other horse to her yard to make things easier so that she could be on hand to help with my youngster if needs be. I signed a contract to say that i would pay her the money when possible and the final amount etc! Anyway following a really bad winter which i know is out of her control the yard is a mess and im really miserable! The mud is so bad my horse actually fell over in it and couldnt get up, he managed to get up eventually and then as i was opening the gate i slipped and fell he panicked and jumped over me and cantered off i managed to keep hold of my other horse and luckily he stopped but he stepped on his rope and panicked and tried to rear but his back legs slipped and he dropped down onto his bum, lots of things arent right everything is difficult due to the set up, there is no hose so i cant even wash the mud off there legs when they come in, the stables are poor, my 18hh is in a standard 12x12 stable resulting in him getting injured, the flooring is limestone which isnt properly set so i end up with stones in the bed and both stables have big holes at the front that i have to plug with hay so they dont put there foot in! I'm all up to date with my livery and after my horse falling over i decided to hand my notice in hoping if im honest to move asap as they are insisting my horses have to go into that field which im obviously not happy about! Only trouble is im not finished paying off the breaking in money, my friend is insisting i stay for the month but i just am not prepared to risk an injury to me or my horse! She says it is common practice to give a months notice! I have not signed a contract and as far as i can see i dont think i'm obliged, she is happy for me to set up a standing order for the remaining money and obviously have a proper contract drawn up to ensure that she gets all the money which im more than happy to do as i do want to pay her it all as she has done such a good job! I dont want to fall out with her at all but i do feel that my horses welfare is my priority and i just dont feel there needs are being met! I feel stuck and dont know where to turn i literally hate seeing them in the conditions they are in its really upsetting me, i have asked for ages for them to move fields but keep getting told there is only a small paddock available which again just isnt ideal at all! Thanks and sorry for long post!!
Click to expand...


Probably already been said, but pay the notice period, and leave when you want, just because you pay for 1 month doesn't mean you have to stay you could leave tomorrow.
 
You must log in or register to reply here.
Top