Livery Contract Question

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WishfulThinker

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I have my boy on working livery, obv at the moment he cant be used as he is head shaking. Vet has given a plan of action - nose net, then face net, then high dose painkillers 2xdaily for 2 weeks then if all that fails a headshaking workup and xrays to see if he has a broken tooth or something wrong with his face that they have missed. He did miss a kick to the head when I put him back in the barn on monday so who knows....

I have a working livery contract that is for 9 months - still has 4 months to go. It says that should he become unusable I am liable for all costs etc - I am assuming this means full grass livery. At the moment I cannot afford that as its £120 a month compared to the £40 I am paying, so I have the option to take him to my parents for a bit, which I would like to do as they are in 24/7 in a barn at the moment, which I am sure is not helping his headshaking. They cant give a date when they will be going out again.

What I want to know is can they MAKE me pay them £120 a month even if he isnt there?? As I am sure that his being in is not helping the headshaking.
 
Not very good on contract law but it may help if you got something in writing from the vet saying that the headshaking problem is worse when he is kept in?
 
It would depend on the exact wording of the term... what exactly does it say?

Is there an option for either party to give notice to terminate the contract e.g. if the horse is no longer fit for use on the school?
 
Well he hasnt been out (other then to be ridden) since mid feb! and it only started like 2 weeks ago.

I have been reading up on it and there is a good page on Licoln uni website about it and it says things like only feef haylege or soaked hay. Well the week before it started they changed to hay - he has only had haylege when indoors. There is no option for using haylege as its a group barn his is in, not a stable, and there is NO turnout at the moment.

I dont want to go down the drugs/workup route about his headshaking until he has been turned out as I do feel that is the reason - his being in 24/7.

We have 2 acres sitting at my dads doing nothing.
 
bigfathen said:
It would depend on the exact wording of the term... what exactly does it say?

Is there an option for either party to give notice to terminate the contract e.g. if the horse is no longer fit for use on the school?
Click to expand...


Should for any reason xxxx become unfit for use at xxx or the centre change policy that he is no longer required on working livery i agree to become responsible for xxx totally and all related costs.



As for the lenght, it say the contract is for 9 months from date signed, and renewable on a 6 monthly basis thereafter during which time an 8 week notice peroid shall be required to remove xx from WORKING livery. Doesnt mention normal livery. and the contract says its a WORKING livery contract, so I assume that if he is no longer working livery then I will just be normal livery and have to give a months notice.

But I am not saying I wont go back - I just want him turned out asap, so was going to take him home for that - as at the moment he is taking up space and food and not being used. So he might as well stand in my parents field having a brealk.
 
Just on the basis of that one clause, it just says that you're liable for looking after him. They couldn't force you onto a full livery rate (unless there's anything else that says that) - that clause is there to prevent you trying to claim that you only had to pay £40 despite him not being usable on the school.

Presume there's nothing in the contract to say that at all times pony must stay at their yard? In any case, if the yard is happy for him to go to your yard for a break, it's not a problem (obviously!).
 
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Have you actually talked to the owner/manager of the yard about the situation and the possibility of taking him home "to recover" ;) before you start looking at the legal stuff? I'd be trying to find out what they think and resolving issues amicably for all concerned before getting to the stage of enforcing a contract.
 
Well I did say to them that I felt he would get better when he went out and they just kept saying how they have no avaliable grazing at the moment etc.

I'm just stressing as I have NO money to pay this vets bill, so dont want to be hit with extra pennies being taken. I personally think that this is the best option all round for him to come have a break till they are all out. Save the yard wasting food/bedding and my horsie being stressed. I am going to talk to yo tomorrow.
 
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