Livery contract query

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webble

webble

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A friend of mine has recently moved to what seemed a lovely part livery yard. Sadly after being there a week she has been taken ill and is having to put her horse out on full loan to a friend which means she will be leaving the yard.

Friend has been at the yard for 11 days, YO had given her contracts to sign but friend hadnt got around to signing them and returning them back yet. YO is asking for two weeks deposit plus a months livery for the 11 days friend will have been there which is just over 500 pounds. Is this right? Does moving to the yard imply acceptance of the contract even though it hasnt been signed and returned? Friend is shoced that its so much money
 
your friend should have read the contract. the yard owner should not have to take the loss on a stable because your friend is ill-she should pay up, it is only 2 weeks in advance and a months notice
 
twiggy2 said:
your friend should have read the contract. the yard owner should not have to take the loss on a stable because your friend is ill-she should pay up, it is only 2 weeks in advance and a months notice
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Friend has read it she just hasn't signed or returned it and yes thats isnt a lot in weeks but in money it is so just wondered where she stood. The stable will be easy to fill
 
Tough one. I would say that by moving onto the yard (as long as she saw the contract but she arrived with her horse) she has accepted the terms. It does seem odd though that she hasn't paid anything yet? Did you YO not ask for money up front?
 
is the horse leaving the yard? if so wont the deposit be repayable back to your friend when the horse goes meaning she 'only' has to pay the full month
 
What's the notice period? I'd expect a month, so if she gave notice today and hasn't paid anything so far she owes 11 days plus a month.

The YO may well want the deposit in case the full notice period won't be paid.
 
The horse world is very small and you never know when she might want to go back to that yard (or one close by) you're friend doesn't want a reputation as a non payer - I suspect the 11 days she was there plus the 1 months notice period is the right thing to pay.
Perhaps she can ask if the stable is let promptly whether the YO would refund some of the notice period - but be prepared for the YO to say no.
If she agreed to the terms of the livery then her verbal contract is just as legally binding as the one she's not got around to signing yet.
 
I am surprised she was not asked to pay for the first month's livery and deposit when she arrived.

It is normally one month's notice so like others have said it would be the 11 days plus the one months notice she would owe. Deposit should be returned when she leaves the yard.

I agree if she likes the yard then she should pay what has been requested especially if as she may wish to return there should her health improve enough for her to get her horse back.
 
twiggy2 said:
your friend should have read the contract. the yard owner should not have to take the loss on a stable because your friend is ill-she should pay up, it is only 2 weeks in advance and a months notice
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The stable in this instance will be filled pretty much instantly. They have a waiting list.

I personally think the YO is being a little unreasonable in this instance, as they are already going to be gaining a lot of money just from the 11 days OP's friend (who is also my friend) has been there. There is going to be no issue whatsoever of filling the stable as like I say, there is a waiting list for this livery.
 
What is the worst that will happen if she simply pays for the 11 days and tells YO that she can't afford the rest? Is YO the type that would pursue it through eg small claims?
 
You don't need to have signed a contract to have accepted it unfortunately! Contracts can be accepted expressively (i.e signed contract), implied (i.e by following certain actions/conduct/verbal agreement this would imply you have accepted the offer), or conditionally (i.e the involved parties place a condition on the contract which must be followed for it to remain valid). By turning up at the yard with a horse her actions have implied she has accepted the contract.

Yes the YO could operate a little discretion given your friends situation and the fact the stable will be filled immediately, but essentially the YO can enforce the contract and any stated agreements regarding the notice periods/payments.

I would suggest maybe your friend having a personal chat with her and explaining the situation, however if she likes the yard and wants to return and the YO won't budge, she may just have to pay up and leave things sweet.

Hope your friend is better soon by the way.
 
misskk88 said:
You don't need to have signed a contract to have accepted it unfortunately! Contracts can be accepted expressively (i.e signed contract), implied (i.e by following certain actions/conduct/verbal agreement this would imply you have accepted the offer), or conditionally (i.e the involved parties place a condition on the contract which must be followed for it to remain valid). By turning up at the yard with a horse her actions have implied she has accepted the contract.

Yes the YO could operate a little discretion given your friends situation and the fact the stable will be filled immediately, but essentially the YO can enforce the contract and any stated agreements regarding the notice periods/payments.

I would suggest maybe your friend having a personal chat with her and explaining the situation, however if she likes the yard and wants to return and the YO won't budge, she may just have to pay up and leave things sweet.

Hope your friend is better soon by the way.
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I thought that might be the case
 
If there was no contract then how often the livery is paid would be taken as a rule of thumb e.g paid monthly, a month's notice. However the fact there is a contract would mean that she was made aware of the yards policy on notice periods.

So assuming she has to give a month's notice, usually she would have to pay a month from when she gives notice. If that was at the end of the 11 days she was there then one month plus 11 days. If it was 4 days into her stay then 4 days plus a month. Of course she would be entitled to keep her horse there during that month. The deposit if not taken towards what's owed should be returned to her once she's gone.

All she can do is ask nicely that if the box is filled quickly that she only pays up to this point, I've done that a couple of times. Given a month's notice but ending moving out 3 weeks in and the yard has not charged me for the last week as they had someone waiting to move in.
 
Moomin1 said:
The stable in this instance will be filled pretty much instantly. They have a waiting list.

I personally think the YO is being a little unreasonable in this instance, as they are already going to be gaining a lot of money just from the 11 days OP's friend (who is also my friend) has been there. There is going to be no issue whatsoever of filling the stable as like I say, there is a waiting list for this livery.
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what do you think is unreasonable about giving/paying for the months notice an paying for the time they have been there
 
webble said:
A friend of mine has recently moved to what seemed a lovely part livery yard. Sadly after being there a week she has been taken ill and is having to put her horse out on full loan to a friend which means she will be leaving the yard.

Friend has been at the yard for 11 days, YO had given her contracts to sign but friend hadnt got around to signing them and returning them back yet. YO is asking for two weeks deposit plus a months livery for the 11 days friend will have been there which is just over 500 pounds. Is this right? Does moving to the yard imply acceptance of the contract even though it hasnt been signed and returned? Friend is shoced that its so much money
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I was told that by turning up to the yard and placing your horse there it is then verbally implied that you agree to the contract.
 
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