Livery won’t leave

[katerider]

I’m very lucky to have a yard at home at the end of the garden. I took on a diy livery last year to help with costs/ because I had space/ thought it would be a nice thing to do.
How wrong I was - for various reasons after Xmas I gave 8 weeks notice. Should of been plenty of time to find a new yard I thought?? They won’t leave though, say they can’t find anywhere, won’t leave till they are ready etc.
Where do I stand with getting them out? They should leave end feb - But they won’t!! Any ideas on how to get them to go? Really can’t have the horse here much longer. Will phone bhs helpline but any ideas, experiences of this would be appreciated

 

[Roasted Chestnuts]

Final written notice that they have to have the yard vacated by this date. After this I’m afraid I’d be tying the horse outside the gate and leaving their stuff on the kerb and locking all the gates.

What a cheek.

 

[gallopingby]

Maybe give them a list of livery stables?

 

[Merry neddy man]

www.*******.co.uk

 

[katerider]

Thank you both.
Tying to the gate is very tempting!! Also tempted to take to liveries work (at a yard) and drop off - don’t know why she cant go there anyway

 

[Merry neddy man]

Because you are cheaper? Said in the nicest way.

 

[Cragrat]

Definitely written notice if you haven't already.

Can you raise your prices so you are more expensive than anywhere else?

Might need a call to BHS gold/Citiezens advice.... tempting as it is to dump her horse and gear at her work, not sure where you'd stand if she claimed they'd been damaged or injured

Maybe you can lock the gates and deny access to your property until she arrives to take it away herself? but meanwhile you'd have to look after it ....

 

[Toby_Zaphod]

I'd be tempted to remove the horse from the stable & padlock the door. Tie the horse up on the car park, I'm not a fan of tying up at side of the road. Remove all their tack & feed to the carpark & either lock the doors & install hasp & padlocks so they have access to all of their equipment & the horse but are padlocked out of rooms, stable etc. Oh yes & padlock any paddocks so they cannot move the horse into there either. Giving them 8 weeks notice is normally twice what most yards will give. You've been reasonable, they need to go.

 

[blitznbobs]

Definitely written notice informing when yard
Must be vacated by with penalty rate after last day (a weeks livery per day or similar)

Should shift them

 

[conniegirl]

Serve an abandonment notice.

Fly grazing horses: legislation & notices | The British Horse Society

Fly grazing & abandonment are where an owner allows their horses to graze on land without the landowner's permission. Find out more about fly grazing here.

www.bhs.org.uk

 

[Ample Prosecco]

Serve an abandonment notice.

Fly grazing horses: legislation & notices | The British Horse Society

Fly grazing & abandonment are where an owner allows their horses to graze on land without the landowner's permission. Find out more about fly grazing here.

www.bhs.org.uk

yep - after the notice period, she will be fly grazing. I’d send her a letter reminding her that her notice period is expiring on x date and she is required to vacate before that day.

If she refuses then she will be fly grazing and you will take legal action against her. Meanwhile, the horse will be turned out, her belongings left on yard, water troughs removed, stable and tack room padlocked.

Tempting though it is, I wouldn’t tie the horse to a gate or dump it at her place of work. That’s not fair on the horse and you need to stay within the law yourself . She’s relying on you to be soft. I’m sure she’ll shift when she understands you simply won’t tolerate her being there and will take steps to stop her accessing your property and any facilities.

 

[Barton Bounty]

Give the written notice to be vacated by 1/3/23. State in your notice that the horse and all belongings will be removed from the premises by you on this date if this is not upheld! You take no responsibility for the horse or belongings after this date.

 

[dorsetladette]

BHS were really helpful when I had this issue. In your liveries favour it sounds like she is still caring for the horse. Mine just vanished off the face of the other. I ended up taking ownership of the pony and selling on to a lovely mother/daughter share through a semi retired dealer from not to far away. an abandonment notice gives them 96hrs to remove from your property, I'm not sure how you stand while the animl is still being cared for. Is she still paying livery?

If you have bhs gold membership I'd give them a call.

 

[ycbm]

If she knows you wouldn't fall to care for her horse than I might give her notice that if the horse is not removed on February 28th the gates will be locked and she will be charged £xxx a week for full livery.

Though telling her you will deliver the horse and her belongings to her place of work on March 1st might also work if you are really prepared to do that.
.

 

[PinkvSantaboots]

If she knows you wouldn't fall to care for her horse than I might give her notice that if the horse is not removed on February 28th the gates will be locked and she will be charged £xxx a week for full livery.

Though telling her you will deliver the horse and her belongings to her place of work on March 1st might also work if you are really prepared to do that.
.

I would do either one of these.

 

[Clodagh]

I see no harm in taking it to her place of work if she works at a yard. Then padlock everything at home.
Never ever again will I have a livery.

 

[Highmileagecob]

Give the written notice to be vacated by 1/3/23. State in your notice that the horse and all belongings will be removed from the premises by you on this date if this is not upheld! You take no responsibility for the horse or belongings after this date.

This. And our owner parks the JCB across the locked gate to prevent access too.

 

[Equi]

As said, written warning that as of 1/3/23 your contract is terminated and after this she’ll be served with a trespassing/fly grazing notice and the relevant authorities will be contacted.

 

[Goldenstar]

I know one yard with a tiny paddock at the main gate .
Thats where your horse goes if you don’t go in a timely manner.

 

[Glitter's fun]

I know one yard with a tiny paddock at the main gate .
Thats where your horse goes if you don’t go in a timely manner.

The existence of that paddock suggests this is a common problem.

I agree that she probably is wanting to stay because it is easier and cheaper. Also she must have quite a brass neck. Has she already been chucked out of other places? Might explain why she is running out of options?

You need to make it harder (notice given that on 1/3 tack etc will be chucked out) & dearer- horse will be charged (xyz - huge daily rate) until removed.

 

[Equi]

If you put the price up she may say you’re renewing the contract.

Did you have a written contract in the first place?

 

[Glitter's fun]

If you put the price up she may say you’re renewing the contract.

Did you have a written contract in the first place?

It wouldn't be putting the price up, it would be a daily penalty rate for late removal.

 

[reynold]

There can be some very strange people in the horse world.

I'd do think a price increase might be taken as a new contract. The abandonment notice seems the best/safest route.

Whatever you do to get the livery out I'd be upping my security significantly, adding/changing locks and putting in good CCTV if you haven't already got that. The livery knows the layout of the yard and it's existing security measures.
They might come back (or tell others) to nick/vandalise your place once they are gone. It has been done to others....

 

[katerider]

Thank you so much everyone. The support is gratefully recieved.
She comes once a day, horse often left stood in with no hay water and not mucked out. (I hay and water because I’m soft but realise this means she knows horse is done) Basic management is awful but she comes often enough that horse is not abandoned. Livery is still being paid but - it goes in monthly in advance, so I don’t want march’s livery to go in and then her feel she has a right to stay. Very frustrating- will ring bhs at lunchtime. Never again!!!

 

[PinkvSantaboots]

Thank you so much everyone. The support is gratefully recieved.
She comes once a day, horse often left stood in with no hay water and not mucked out. (I hay and water because I’m soft but realise this means she knows horse is done) Basic management is awful but she comes often enough that horse is not abandoned. Livery is still being paid but - it goes in monthly in advance, so I don’t want march’s livery to go in and then her feel she has a right to stay. Very frustrating- will ring bhs at lunchtime. Never again!!!

God what a cheek see that would make me so angry I would be making her life hell and I think I would put up with so much then I would be threatening to drop the horse at her work.

 

[Abacus]

Thank you so much everyone. The support is gratefully recieved.
She comes once a day, horse often left stood in with no hay water and not mucked out. (I hay and water because I’m soft but realise this means she knows horse is done) Basic management is awful but she comes often enough that horse is not abandoned. Livery is still being paid but - it goes in monthly in advance, so I don’t want march’s livery to go in and then her feel she has a right to stay. Very frustrating- will ring bhs at lunchtime. Never again!!!

I have no idea if this is even possible but could you ask your bank to block payments from that account? I don't suppose it is something that they are commonly asked to do. Of course this then means that you might still have her there in March but with no payment either.

 

[Clodagh]

I have no idea if this is even possible but could you ask your bank to block payments from that account? I don't suppose it is something that they are commonly asked to do. Of course this then means that you might still have her there in March but with no payment either.

Good idea, or you could ping it straight back?

 

[Fred66]

Thank you so much everyone. The support is gratefully recieved.
She comes once a day, horse often left stood in with no hay water and not mucked out. (I hay and water because I’m soft but realise this means she knows horse is done) Basic management is awful but she comes often enough that horse is not abandoned. Livery is still being paid but - it goes in monthly in advance, so I don’t want march’s livery to go in and then her feel she has a right to stay. Very frustrating- will ring bhs at lunchtime. Never again!!!

Inform her that the reason you gave notice is that you are no longer taking DIY livery and that you gave her ample notice. If she remains beyond 28th February then the livery will be full livery only at a cost of £25 per day and that access to the yard will be restricted to 9-5 Mon to Fri with no visitation at weekends under any circumstances.
If you email her the new contract then she will be deemed to have accepted it if she remains.

 

[conniegirl]

You can serve abandonment notice even if she is still turning up each day.
if you look on the link i sent it clearly says you can serve one when you have withdrawn permission for the horse to be grazed on your land. Doesn’t matter if she turns up each day, she is still fly grazing and therefore you can serve the abandonment notice.

 

[Ample Prosecco]

You have lots of oprions and I am sure BHS will advise.

I'd be very careful of a price increase though. This could be deemed as renewing her contract. And then she may refuse to pay, leaving you chasing debt. Which is a different problem, and may mean the options like serving a flygrazing notice, padlocking facilities, removing water from the fields etc are no longer open to you. She would be in breach of contract, rather than flygrazing/traspassing. And may also then be entitled to a new notice period.

I'd personally go the fly-grazing/abandonment route. And block her from accessing anything in the meantime.