Legal Advice Please

TheresaW

TheresaW

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Was speaking to a friend of mine yesterday. The yard she is on has just been sold and bought by new people. I don't think the new people are horsey, but they intend renovating the buildings, and still running a DIY yard with the stables.

The liveries have been given agreements that they have to sign. The agreements state among other things, that they can only go to the yard between certain times, which I think is fair enough, but also, if they fall behind with livery payment, YO's have the right to take your horse in payment. I don't know if this is legal or not. Would you have to be a certain amount of months behind? Would it need to go to court 1st? Obviously my friend doesn't intend getting behind. but who knows what might happen in the future?
 
Not a piece of paper I'd sign I'm afraid - they can take a lien (sp) on the horse, yes - but only after a certain period of time.
 
This issue was in an H & H question on the legal page recently and yes they can take the horse but as others have said there is a time constraint.

I think the message for your friend pay your bills and you won't have a problem.
 
Yes they can take lien if its agreed - interestingly there was an article in h&h a couple of weeks ago about this. If you would like me to post the article ( not quite made it to the recycling yet) - then please feel free to pm me your address so I can pop it in the post.
 
And, also interestingly, when YOs ask for advice on here people often tell them to use a clause like this!

As long as the time-period is reasonable (i.e. not just for if friend is a day late!) then it wouldn't bother me too much, I think my car park contract has a simialr clause. In this case it prevents people abandoning horses on yards which then become the responsibility but not the property of the YO.
 
Thankyou. What would be a reasonable time constraint then? 3 months? It would probably never come into effect, my friend was just asking me if I'd had to sign anything like this at my yard.
 
My livery agreement reads:

Payment Terms

Bills will be sent and payment should be made by the last day of the calendar month. Livery charges are monthly in arrears; all additional charges are charged retrospectively. (See above). THE LIVERY will incur a surcharge on any outstanding balances brought forward as follows:
24hrs - 3 days 15% surcharge
4 days - 7 days 20% surcharge
1 week or more – 50% surcharge
and persistent late payment (2 months or more) will result in the termination of this agreement with 24hrs notice, and if necessary the sale of the equine to recover any moneys due.


All have signed it!!
 
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