HELP PLEASE difficult livery owners...

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marionnorsworthy

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I would appreciate any advise here.

I have taken over a yard where there are liveries. They were supplied with a contract on arrival (not by me) which states "one month´s notice on the 1st of the Month" is applicable.

Unfortunately, the manager at the time did not insist they sign the contract, but they have copies of it (as do we).

Now one has given one month´s notice, but is leaving two weeks earlier, and the other has given 4 days. Both are demanding their month´s deposit back.

As they did not sign the contracts, but are aware of the terms and conditions of the livery (and are clearly not following them), how do we as yard owners stand legally? as the contract was not signed by them, do we have to pay, or can we stand by a "verbal" agreement and refuse to pay them?

Any help GREATLY appreciated... I have never had this problem before as my liveries previously always signed two copies of the contract and each party held one... in this situation I am unsure of the legal position.

THANK YOU!
 
It's standard to give a months notice (regardless of what day it is given on). They have the contract, they know both verbally and in writing what the terms are - so no they are not entitled to their money back.
 
martlin said:
I wouldn't worry too much, they are not entitled to their money back. Notice period is notice period and that's that.
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Agree.

Its common practice to have a months notice when livery is paid monthly. Even though they didn't sign the contract, they were given a copy and accepted the terms by staying at the yard and using the facility, nor did they ever formally reject the terms and conditions.
 
I would think the issue here is they have received a copy of the yard policy - it's not really up to them to agree or disagree and if they do disagree they should have sorted out and different individual agreement initially.

Wording might be an issue, though. I've see the month deposit written up as a guarantee against damage, which is different than in lieu of notice. Check your agreement but you're probably okay to just say they read the agreement paid in advance, therefore they agreed to the terms.
 
I just find it ridiculous that they want money back off you. It's there decision to go early, you aren't chucking them off the yard. I would never dream of asking our yard owner for money back if it was decision to leave before the month. Stand your ground!
 
Just watch that they don't help themselves to your stuff as "compensation."

Agree with the others about the notice. You have to have time to advertise and fill the vacant place.
 
Thank you to EVERYONE - it is exactly as I thought - and I am going to stand my ground! (and keep the tack room door shut - we already had word of intention to take things "in compensation"). Your help has just assisted me SO MUCH, I cannot thank you all enough!
 
if you have just taken over this yard i would suggest you re issue all contracts, both parties having a signed one. and put a sign up saying that by keping your horse here you agree to the yard terms and conditions, contracts signed or not. and also put a sign up that prices are subject to change, due to suppliers costs, and ovewrheads. for the original Q no i dont think they are due a refund .. its their choice to leave. if they leave sooner than the months notice then that is at their own cost, not yours.
 
If you wanted to bend over backwards to prevent the removal of stuff, you could say that if you let the stable during the month's notice then you will give them ex gratia the part of the months money for that let period portion of the month (its also a good way of getting a forwarding address for them). But you dont have to.
 
I would expect to pay a months notice. It is my hobby but YO business and I see it as a business arrangement. When I left my last yard I gave a months notice but left after only 2 weeks but I still paid for the full month.
 
I think that you may be well rid if that is how they behave. I would make sure that all the liveries sign a contract with you, it is for everyones benifit and decent people would welcome it.
 
I believe I was given legal advice once that if you pay for something monthly then you give a months notice and obviously pay for that month regardless
 
marionnorsworthy said:
Thank you to EVERYONE - it is exactly as I thought - and I am going to stand my ground! (and keep the tack room door shut - we already had word of intention to take things "in compensation").
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IF they think they have a case for refund of deposit, THAT is a civil matter and they would have to file against you in Small Claims Court (they wouldn't win!) IF they take things "in compensation", THAT is theft - and your local police WOULD take action!
 
If you are a new yard manager for an existing business then any contracts stand. If however you are a new yard owner then all previous contracts are void . In the absense of any new contracts agreed, they are entitled to the refund of their deposits.
 
Also the fact that there was a written agreement put to the clients which THEY DID NOT SIGN could be taken by the courts as non acceptance of the terms . Their continued presense in the yard may be taken that the conditions of the contract no longer applied. My advice , just pay and let them leave on good terms.
 
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