Lainey62

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Lainey62

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Hi guys,
Looking for a bit of advice here, re livery notice and monies due. If a livery pays weekly, do they give/recieve 1 weeks notice to leave, pay fortnightly 2weeks notice and so forth. If a livery is asked to leave due to failure to comply to yard rules and unreasonable behaviour, and has been given up to the end of their pay period to leave (3+ weeks having just paid livery). If they choose to leave early, are they due a refund or by it being their choice do they forfeit. Hope this makes sense.
Thanks in advance. :)
 
Usually a livery yard would draw up a contract. When I joined my yard I had a contract to sign. My contract states I need to give a months notice, so in that instance you'd just pay until you leave.

I would imagine it is up to the Y.O and if a refund is paid but I imagine that the individual who is leaving the yard forfeits the right to their paid up livery fee if they're leaving the yard early.
 
I'm guessing there's no contract that sets out what happens in this situation? If that's the case I'm pretty sure it reverts to the payment period (which in itself becomes a contract of sorts). So if the person pays weekly they get 1 week, if they pay 4 weekly they get 4 weeks or per calander month they get a calander month etc. Notice should be given on the day they pay so the period paid for and the notice period is the same.

Notice is there to give the YO time to find someone else to fill the space if the livery chooses to leave or to allow the livery to find an alternative if the YO evicts him/her. In this case, where the livery is evicted, the livery would be entitled to stay until the end of the notice period but if they leave early, in my opinion the YO should refund the difference as it's not the livery's decision to leave. It may not be required legally but I'd rather not give them any excuse to badmouth me, certainly not for the sake of £50-100.
 
annagain said:
I'm guessing there's no contract that sets out what happens in this situation? If that's the case I'm pretty sure it reverts to the payment period (which in itself becomes a contract of sorts). So if the person pays weekly they get 1 week, if they pay 4 weekly they get 4 weeks or per calander month they get a calander month etc. Notice should be given on the day they pay so the period paid for and the notice period is the same.

Notice is there to give the YO time to find someone else to fill the space if the livery chooses to leave or to allow the livery to find an alternative if the YO evicts him/her. In this case, where the livery is evicted, the livery would be entitled to stay until the end of the notice period but if they leave early, in my opinion the YO should refund the difference as it's not the livery's decision to leave. It may not be required legally but I'd rather not give them any excuse to badmouth me, certainly not for the sake of £50-100.
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I'd still say if the livery was given a months notice by the YO, but chose to leave after 2 weeks then the livery is not entitled to a refund. They chose to leave 2 weeks early, they could have stayed until the end of the notice period.
 
little_critter said:
I'd still say if the livery was given a months notice by the YO, but chose to leave after 2 weeks then the livery is not entitled to a refund. They chose to leave 2 weeks early, they could have stayed until the end of the notice period.
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This may be legally correct. However I do think that if they have found a place that is suitable for them and need to take it or lose it, it would be reasonable to let them go and repay those weeks, as it wasn't their choice to go in the first place.
 
I would say that they are not due any refund - but if you want them to leave without bad feeling then maybe come to a compromise. unless they were a total nightmare and had been given enough warnings before you asked them to leave?
 
I don't want to go into too much detail so as to keep things anonymous, however it was not one but several liveries that were asked to leave. They were inherited liveries who were given contracts and paperwork for personal details, vet, farrier, emergency contact etc, be filled out. They had completed and returned nothing, the only thing they did do was show passports. They were unhappy about everything that was introduced as an improvement to the yard e.g muck heap management, field rotation, field poo pick routines, general yard cleanliness, the final straw was when they were unhappy at introduction of new livery giving a frosty reception and then within one day of liveries arrival began bullying livery over what livery could and could not do. So they were all given notice to leave at end of their paid period, the way they were behaving they could have been given a much shorter notice. Only one livery pays monthly and has chosen to leave early but has asked for a refund, which I didn't think they should be entitled to but wanted your opinion. They had all been given many warnings, they were also told if they were unhappy they were free to leave as no one was holding them there.
 
I wouldn't refund, they've been asked to leave due to bad behaviour, they're not going to miraculously become a nicer person the day they leave so you can expect to be badmouthed whatever you do. Whilst it's true they didn't choose to leave, they did choose to carry out the actions that led to their eviction. Also they're welcome to stay until their paid period is up, so it's not as if they're being hounded out early.
 
Liveries leaving now asking me to provide something for them to dump all their rubbish in. Were not talking feed bags and netting from hay e.t.c they have old buckets, brushes, chain breach bars e.t.c surely that's their rubbish to take away with them. Again looking for your thoughts guys, sorry if you think I'm being petty. They've already been trashing the muck heap by not following protocol they have let straw, hay and muck fall from their barrow and left it where it's fell. The yard is a mess and I'm trying so hard to bite my tongue. They've also been tipping their water buckets out the back door and not walking the 6ft to tip it down the drain! I just can't wait TBH for them to go.
 
Our yard tells us to take our rubbish home, the only rubbish they take is bailing twine and feed / bedding bags.
Being a business you would have to pay to dispose of the rubbish, they could probably fit it in their wheely bin (spread over a few weeks maybe) or take it to the tip themselves.
 
little_critter said:
Our yard tells us to take our rubbish home, the only rubbish they take is bailing twine and feed / bedding bags.
Being a business you would have to pay to dispose of the rubbish, they could probably fit it in their wheely bin (spread over a few weeks maybe) or take it to the tip themselves.
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We've had horses for 16yrs now and been on several livery yards in that time, it was always the case that we had to take out rubbish home.
On the yard when we took over There was an old burner out the front of the stable block that when we took over the liveries were using to burn their rubbish. This was less than 10ft away from the stables, they were asked to not continue this practice as it was a fire hazard, I hasten to add this barrel that they used as a burner was half full of ash and on a tilted angle. They stopped setting it alight but continued putting rubbish in it, drinks cans and bottles, food packaging ECT even after being asked to take it home and all claiming no knowledge of who's rubbish it was. I have never been on a yard where so many liveries have had total disrespect for their own surroundings let alone the YO property. There is sometimes that one or perhaps two liveries that cause issues but not 6! Has anyone else had this problem?
 
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All my yard owners give notice of a week on either part however I choose to pay monthly in advance. Apart from one absolutely lunatic of a woman who padlocked my horse in its stable cos she wanted even more money even though she had £250 of my deposit, I've always been refunded. I think it's just polite. Not that I've ever been given notice but if I'd served notice on someone I think it's fair you want them off the yard - why P155 them off and not refund any monies due as essentially they could make an expensive mess of your property on their final day!!
 
Whoopit said:
All my yard owners give notice of a week on either part however I choose to pay monthly in advance. Apart from one absolutely lunatic of a woman who padlocked my horse in its stable cos she wanted even more money even though she had £250 of my deposit, I've always been refunded. I think it's just polite. Not that I've ever been given notice but if I'd served notice on someone I think it's fair you want them off the yard - why P155 them off and not refund any monies due as essentially they could make an expensive mess of your property on their final day!!
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Tbh they've been making an expensive mess of the yard any way, which is just one of the many reasons they are being asked to leave. It is their choice to leave early, I thought I was being polite by giving them till the end of their payment period to leave rather than putting them off sooner.
 
As they were asked to leave then I would refund the money for the period that they were not there, but I don't think they are necessarily entitled.

HOWEVER, I would make paying the refund as a 'without prejudice' offer, dependent on the rubbish being cleared and the much heap tidied.

If it were not, then I would keep the 2 weeks' payments as payment for setting square when they were gone.
 
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