Leaving a livery yard without notice.. legalities of it?

[K95]

Just to clarify ....

My youngster is a rescue - I got him 2 weeks before lockdown so don’t all assume I’m the bad one for not castrating him as a baby.

The yard accepted him as a colt offering a sole use field for me to use until he was gelded and infertile. They’ve now gone back on this and want me to throw him in with the herd 3 weeks after op, which I’m not willing to do for safety reasons.

I know my horses and the herds behaviour, and trust me there would be trouble considering he still has some aggressive tendencies. Not to mention the fact there’s mares in season and I don’t wish him to serve any.

 

[K95]

This is all sounding a bit over-dramatic - what's going on? What sort of set up is it that allows this sort of thing to go on? Who is in charge of the yard?

The person in charge is the mare owners best friend... who would also happily welcome a foal. She turns a blind eye. You see why I want out?

 

[Cortez]

The person in charge is the mare owners best friend... who would also happily welcome a foal. She turns a blind eye. You see why I want out?

Well, no I don't, really. Why can't you just speak your mind and resolve the situation? It all sounds very unlikely, but whatever - if you owe money you should pay it.

 

[stormox]

You need to pay really. Its rather mean not too!

 

[K95]

Well, no I don't, really. Why can't you just speak your mind and resolve the situation? It all sounds very unlikely, but whatever - if you owe money you should pay it.

Well that’s the question, do I legally have to pay up 1 months notice

 

[Bellaboo18]

Well that’s the question, do I legally have to pay up 1 months notice

Yep. If they'll chase you for it is another matter but honestly you're not coming across well to me.

 

[K95]

I’ll just see what happened regarding notice. I don’t think people are quite understanding how the services I pay for have been stopped, or the problems welfarewise. I don’t wish to put my horse or other peoples horses in danger - the yard don’t care about that. I doubt I’ll be returning to this thread

 

[Bellaboo18]

I’ll just seen what happened regarding notice. I don’t think people are quite understanding how the services I pay for have been stopped, or the problems welfarewise. I doubt I’ll be returning to this thread

Happens a lot when people don't get the answer they want.

 

[paddy555]

Just to clarify ....

My youngster is a rescue - I got him 2 weeks before lockdown so don’t all assume I’m the bad one for not castrating him as a baby.

The yard accepted him as a colt offering a sole use field for me to use until he was gelded and infertile. They’ve now gone back on this and want me to throw him in with the herd 3 weeks after op, which I’m not willing to do for safety reasons.

I know my horses and the herds behaviour, and trust me there would be trouble considering he still has some aggressive tendencies. Not to mention the fact there’s mares in season and I don’t wish him to serve any.

It does seem that they have changed your terms. If he had sole use of a field back in March on the basis he was entire it doesn't seem unreasonable that he should still have only 3 months later especially if you have been stuck for castration due to covid.

I can see both sides about paying. You could explain to them that you have no choice but to leave as they have changed the terms of your livery which in this case is particularly important from a safety POV, you are not willing to take a risk about anyone or another horse getting hurt and you particularly don't want him covering a mare which could be possible.
I wouldn't normally suggest anyone leaves without giving notice and paying properly but if they cannot supply the facilities agreed on ie the sole use of the field then it does seem questionable if you should pay.

 

[AmyMay]

This is all sounding a bit over-dramatic - what's going on? What sort of set up is it that allows this sort of thing to go on? Who is in charge of the yard?

Bloomin bizarre ??‍

 

[AmyMay]

Well that’s the question, do I legally have to pay up 1 months notice

YES

 

[Fools Motto]

Just be honest. Best policy and all.

 

[dogatemysalad]

I'm not a lawyer, but it's my understanding that if you pay monthly, you need to give a months notice. That doesn't mean you can't leave during the notice period, but you should pay.
Yard owners are running a business, and like vets and farriers, they expect to be paid regardless of your financial situation, although some YOs may be prepared to help you sort something out if you explain.
Even though you've lost faith in your current livery yard, leaving suddenly without informing the YO and not paying all that is owed, is really bad form. Many of us have been on livery yards where we've been tearing our hair out and needed to get out ASP, but it's always better to leave on good terms and certainly paying all that is due. The horse world is a small one.

 

[be positive]

I’ll just see what happened regarding notice. I don’t think people are quite understanding how the services I pay for have been stopped, or the problems welfarewise. I don’t wish to put my horse or other peoples horses in danger - the yard don’t care about that. I doubt I’ll be returning to this thread

You have edited your OP and now say you are settled until the end of this payment period, I hope that means you are paying for the feed, as a YO I actually side with you in some ways, your attitude is not great but the yard sounds dreadful so that may be having a bearing on your replies, you have no written contract but the verbal one has changed due to Covid causing a delay to him being gelded, not your fault, not anyone's, so as they can no longer accommodate your pony in a safe way they should either give you notice to leave or try harder to sort something out on a temporary basis until he can go out with the herd.

I find all the drama that goes with liveries far too much nowadays, putting mares in with a colt to try and get a foal would probably mean I kicked everyone off the yard and closed down, it really cannot be worth all the hassle.

 

[Bellaboo18]

Ah and now you've edited your OP to not even mention the £50 of feed...

 

[AmyMay]

Ah and now you've edited your OP to not even mention the £50 of feed...

I was wondering why everyone was mentioning feed.

 

[Eclipse 2020]

I think people are being very hash . We don’t need anymore drama on this forum. To be honest I would just pay what you owed .

 

[OrangeAndLemon]

I was wondering why everyone was mentioning feed.

The original OP said the livery bill had been paid in advance to the 11 June but that the OP owed £50 for feed bills.

The OP felt that if a bill was to be drawn up the yard would owe for the unused final week of livery services up to 11 June, and this 'credit' would offset the £50 owed for feed, and therefore it would not be necessary to pay the outstanding feed bill.

That isn't how it works with livery bills and I think the OP is responsible for the livery cost for the notice period in addition to the feed bill.

 

[AmyMay]

Thanks OAL

 

[paddy555]

The original OP said the livery bill had been paid in advance to the 11 June but that the OP owed £50 for feed bills.

The OP felt that if a bill was to be drawn up the yard would owe for the unused final week of livery services up to 11 June, and this 'credit' would offset the £50 owed for feed, and therefore it would not be necessary to pay the outstanding feed bill.

That isn't how it works with livery bills and I think the OP is responsible for the livery cost for the notice period in addition to the feed bill.

I'm not so sure. The feed bill obviously is due but the livery cost I don't see because they have withdrawn the service that was originally agreed upon. That was a decision by the YO to change the terms of the livery not the OP. If they are unable to provide the service agreed on ie sole use of a field for an ungelded horse then I don't see why she should have to pay and they should be terminating the contract (or lack of it) as they are unable to provide the service that they originally offered. They have offered new services ie a shared field or a stable but those are not acceptable so she has had no choice but to move.

 

[claret09]

it sounds like you have been put in a very difficult position. rescuing a horse is very kind of you. he sounds like he is tricky and potentially a bit of a handful. you clearly intended to have him cut as soon as possible, but circumstances at the moment had delayed that. you were offered what seemed an ideal solution and the rules changed. i can completely understand you wanting to move and quickly - to protect both your horse and others - i was on a yard some years ago with a recently late cut colt who was really difficult to manage and a danger to others. you have clearly paid up to beyond when you intend to leave which is great. if you owe for some feed i definitely think you should pay for it. you can then leave without issue and just chalk it up to experience. personally i would want to move asap as i know you want to. i hope everything works out at your new yard

 

[ycbm]

All been said.
.

 

[scats]

I know that all our local livery yard owners and equine professionals are part of a social media group. The names of bad payers, late payers, trouble makers and moonlight flitters are shared. I’m not saying you are any of these things, but it’s worth keeping in mind that your name might be put about negatively to people who you may need in the future.

 

[Flicker]

Sorry, OP, but reading this thread it looks like you are wanting other posters to agree to you leaving your current yard with no notice. Some will, some won’t. My advice to you would be to seek proper legal advice, not the differing opinions of an Internet forum, act accordingly and accept whatever consequences result from your actions ( whether financial or reputational).

 

[MrsMozart]

They've changed the term that went to the root of the contract, i.e. single use field, so the contract (there was a contract, it doesn't have to be written to be binding) would, I would say, be void. However the feed was under the then valid contract so needs paying for. If you don't accept the new contract, i.e. shared field, then make sure you don't accept it inadvertently by action.

Bear in mind I'm not a solicitor, I deal a lot with business to business contracts. The basics of contracts remains the same but the rights and remedies are different.


ETA: Irrespective of the rights and wrongs, etc., the other posters are right, you'll get a name for yourself as a bad payer and might find it difficult to get a new yard. You'll be forever trying to explain what happened.

 

[TPO]

If what had been posted is true the yard sounds like a sh1t show!

The YO and her best friend are actively trying to get a random rescue colt to cover a mare and get a "free" foal.

The livery space was originally taken on the basis of getting sole use of a field for the colt and that would extent to 6wks past the date of castration. Now the YO had changed the offer and is forcing the OP to run her colt in a herd.

I don't blame OP for wanting out of there asap before there is an accident (previous vet bills because of YO practises?). What if OP is held liable by other liveries if her colt injures another horse.

Services and feed used should be paid for but beyond that it what OP feels is the right thing to do.

If the YO is this bad I'm sure that their opinion won't hold much weight amongst other yard owners

 

[AandK]

Sounds like a ropey yard but that should not mean you don’t pay your notice. Leave when you want but make sure you pay the month, it’s only fair.

 

[PSD]

I used to be on a yard where I paid monthly up front, we didn’t need to give any more than a weeks notice and YO would return anything outstanding livery wise if you left on good terms.

Now my understanding, if I had paid my livery in full for the month and wanted to leave 3 weeks prior I would be owed £60. Had I then owed £50 for feed, I would have said keep the remainder for said feed plus the change for the inconvenience.

However, not all yard owners will return any livery if you leave before the time you’ve paid up until (which sounds like the issue here) and you would still owe the £50.

You haven’t stated how long the notice period is and whether the YO would refund you any of the livery, it’s as very unclear post. But if they are willing to refund you like some do, then they would probably accept the difference for the amount owed. You really need to ask the question to the YO not an online forum.

 

[holeymoley]

Thanks. I don’t plan to moonlight flit but I don’t feel comfortable with them knowing too far in advance - moreso that it’ll get passed onto other liveries. I’ve already had 1 lady let her mares in field with mine 3x because she wants to have a foal. Luckily they weren’t fully in season at the time. I don’t fancy Her taking a last chance at putting mine to stud when I’m not there

What a mess. Is this yard ran by anyone?

ETA- okay just read the rest. Sounds like a riot of a place, I can’t blame you for wanting away quickly.

 

[meleeka]

I’d pay the feed bill but not the months notice, so rent up to the 11th you’ve already paid, plus the £50. I think that’s reasonable given they aren’t providing the agreed service. Whether it’s legal I don’t know, but I think it unlikely they’ll pursue it in a court of law.
Id also agree not to tell them in advance, just tell them on the day and pay your £50.
This is precisely why there should always be a written contract.