Need advice livery refusing to leave.

Jojo_Pea4

Jojo_Pea4

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We have a livery on our yard who is refusing to live, after we had to give her notice as she wasn't following the yard rules.

She has two horses and is on a part livery service. When we changed field for the summer she made herself diy which is not allowed on our yard and no horses are to be turned out till the yard owner is down. The lady said her horse and her so she will turn out as and when she feels. So the only option was to give her notice, She then ripped up the written notice and said she is staying.

Has anyone had any dealings with a horse owner refusing to leave and how and when dod they eventually leave?
 
Odd rule about turnout.

Other than tying the horses to the gate at the entrance to the yard, and bolting said gates and stables so she can't gain entry - not sure what YO can do.

Civil court I suppose.
 
Get some advice from your insurance company. I am sure one of my old YO's would have told her that her horses would be tied outside the gate on the appropriate day, so she should get a wiggle on.
If turnout is to be done by the yard and it is part of your contract I guess you could padlock gates to prevent her having access to fields. If it's worth the bother.
I suspect that, as she's in breach of contract and acting in an aggressive fashion, you may be able to give her less notice to go than is in the contract.
 
I don't think it's an odd rule about turnout on a yard that only provides a part livery service and does not have a DIY option. I should think the horses go out at the same time to avoid stress from different feed and turnout times.
 
I'm unsure who you are in relation to the yard?

If DIY isn't allowed and she hasn't been given permission to go onto DIY then she owes money in back part livery as the cpontract she made, verbal or written was for part livery.

If the YO or YM have given her written notice to leave that she's ignoring then inform her that her horses will be siezed and sold to pay for the back livery. That should scare her into paying up and leaving.

Alternatively you could leave her notice that unless the horses are removed by such date, the horses will be tied to the outside of the gate and RSPCA informed that they are strays..
 
I should think the horses go out at the same time to avoid stress from different feed and turnout times.
Click to expand...

Interestingly this sort of thing stresses or even bothers horses much less than we think.

If a yard adopts a policy (like mine) of first up - feeds. Then everything gets fed at the same time. Horses very rarely (on any yard) go out at the same time, for a variety of reasons.

My yard is essentially part DIY - or rather assisted. With over 40 horses on it, the commings and going of individuals really does not bother the others in the slightest.
 
Amymay- We have that rule as there is only 8horses and all get fed at the same time by the 1st person in and then Yo turns all horses out, its worked before and never had a problem as everyone know this rule when they look around. Then we have no problem with horses out on there own.

bj- I am yo's daughter. I just help mum out when needed but dont have much dealing with the liveries, only that I have my horse there.

We have given a set time before action will be taken but we wouldnt like to resort to leaving the horse on the gate. We were wondering if there was any other step before that, that people have done which have worked. Court action will be taken if needed.

Thanks to replies.
 
amymay said:
Interestingly this sort of thing stresses or even bothers horses much less than we think.

If a yard adopts a policy (like mine) of first up - feeds. Then everything gets fed at the same time. Horses very rarely (on any yard) go out at the same time, for a variety of reasons.

My yard is essentially part DIY - or rather assisted. With over 40 horses on it, the commings and going of individuals really does not bother the others in the slightest.
Click to expand...

Does it really matter? Yard rules are yard rules and if the owner doesn't like it then she should leave. Simple. Perhaps the YO doesn't like horses being turned out unsupervised? Maybe something's happened in the past to make her wary? regardless, it's her yard, her choice, and if the rules were stated when the livery arrived then she/he should adhere to them.
 
I am a YO and we once had someone refusing to leave.
She was given notice in a nice, polite manner.... yet she then turned abusive, so i turned on mrs nasty and told her that the way she was being, if she didnt go within a week, she would find her horses tied to the front gates, with her belongings next to them... she didnt believe me so again, i shouted back to her (as i say, she was being abusive to me, shouting etc) that they WOULD be at the gates and it would not be my problem but hers!
she then said she was removing all permission for me to touch her horses... and if i did, she would have me done (who would be interested in a YO carrying out their daily tasks i dont know...)
I advised her AGAIN that they were leaving the yard within the week, WOULD be tied up to the gates, or better still, i would load them into the box and drop them off at the ILPH myself (only about 5 miles away)
She vanised that night! not without smashing a load of fencing, sawing the pipes to one of the outdoor tapes etc but she was gone :)

i have to say, i was realllllly worried about if she didnt go in that week.
I think your mum/you are going to have to get really tough with her as she obviously doesnt care about her written notice.
just make sure when you/your mum talk to her that you have a witness (these people can try all sorts!) and that you remain polite, and well mannered, keep your dignity even if you have to threaten to tie them up etc!

BTW - i would NEVER have actually tied them up at the gates had she not have gone. I would have pestered the ILPH/RSPCA etc to take them as strays. dont know if they would have done but that would have been my next move. Also i would have sought legal advice on the matter.

I would concentrate on getting her off TBH rather than chasing any livery she may owe.
 
Ehm, might there be any mileage in writing her a formal-type letter, basically saying that as she is now in breach of her livery "contract" she is required to leave by such-an-such a date and remove all of her possessions from the yard from that date; and if she fails to do so then you/YO will not hesitate to consult a solicitor? (and do it, if she doesn't budge).
 
Has the livery signed a contract? It's the terms of that which must be adhered to. The key clauses will be: the one/s the livery is in breach of; the termination one; the consequences of breach one. If you're not sure which is which, pm me and I'll help if I can :).
 
amymay said:
Interestingly this sort of thing stresses or even bothers horses much less than we think.

If a yard adopts a policy (like mine) of first up - feeds. Then everything gets fed at the same time. Horses very rarely (on any yard) go out at the same time, for a variety of reasons.

My yard is essentially part DIY - or rather assisted. With over 40 horses on it, the commings and going of individuals really does not bother the others in the slightest.
Click to expand...

I agree. We are on a small yard with 6 horses stabled in winter and we don't even feed at the same time. My horse knows who feeds him and doesn't fuss when another owner feeds as he's not expecting anything.

However, if you know the rules when you move to a yard then you should abide by them. If they don't suit then find another yard. I'd call their bluff about tying horses to gate but look into the legal steps you need to evict someone in case it has to go futher.
 
If you try to say they are strays charities wont take them unless a notice of abandonment has been posted .I know that for definate, a old friend found one and had to do this , then they said as she was feeding and looking after it they couldnt help.
Why is the reason she wont leave ?You could give her a letter stating she is squatting after a said date and padlock stable door and gate
 
we have a designated feeder at our yard - it keeps things much calmer if all fed at the same time...

Could the police be brought into it? If she has been asked to leave and refuses, and you aren't taking any money, then isn't she actually trespassing?

As for the DIY who cut up pipes!! OMG! Weren't you well rid of that one! I'm so glad we no longer do DIY!! Sorry to all you nice DIYs, but I much prefer just our horses on our yard!!xx
 
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