Required notice for eviction from livery yard.

[Poppy08]

After being at my currently livery yard for 5 years, the yard owner asked me to leave within 24 hours. We had always paid our rent by standing order monthly in advance, with 9 days left until the next due date.
During the 5 years we had never caused any damage, caused a dispute, NEVER neglected our horses or gave her any valid reason.
We had recently questioned, politely, her decision to remove a part of the package provided that was not done with any consultation, this is the only reason I can see that she asked us to leave.
Did she act outside of any Law ?

 

[LadyRascasse]

I believe she has to give 14 days notice unless otherwise stated in a contract, but I stand to be corrected

 

[Goldenstar]

What does your contract say ?

 

[Spotsrock]

U pay monthly you should get a month notice

 

[pony5]

Unless a contract specifies differently, if you pay monthly you should get a month's notice. Contracts may provide for shorter notice periods in certain circumstances.

 

[abb123]

Possibly. Generally if you pay monthly then you should get a months notice. Also if you pay in advance then you have paid for the next 9 days until your next pay date.

However - do you really want to fight it and stay somewhere that will give you 24 hours notice to leave with no reason? It won't be an easy fight and would lead to a lot of hard feelings - again, would you want to stay somewhere with all that going on?

You could try talking to them and asking what is going on and trying to calm it down. But I think you are probably going to have to suck it up and go.

I would argue for your 9 days and look for somewhere else to move to.

 

[Shay]

It isn't so much whether this is outside the law as what you can do about it. If you have a written contract specifying a notice period then you can apply to the courts for an order for specific performance, and possibly an injunction seeking to prevent eviction. But you will land yourself with massive legal bills - and would you want to leave your horses with them under the circumstances? You might be able to get a few more days - but in all practical terms if the relationship has broken down to this extent you are better off leaving as quick as you can.

 

[Goldenstar]

It isn't so much whether this is outside the law as what you can do about it. If you have a written contract specifying a notice period then you can apply to the courts for an order for specific performance, and possibly an injunction seeking to prevent eviction. But you will land yourself with massive legal bills - and would you want to leave your horses with them under the circumstances? You might be able to get a few more days - but in all practical terms if the relationship has broken down to this extent you are better off leaving as quick as you can.

I agree with this you need to move ASAP .
It's clearly not reasonable to give you twenty four hours but go as soon as you can.

 

[Marydoll]

It depends why youre being asked to go really.
If its as you say and youve a contract in place and can show by bank statements that youve paid and they still want you to go, theyre breaking the contract, but what are you prepared to do about it ?
You should have been given a month to leave if you pay monthly, you can ask but if they want you to go, why on earth would you want to stay ? tbh any attempt to enforce a stay and leave later might just be good money chasing bad, id imagine you might need to enlist the help of a lawyer to send a letter detailing the break of contract and penalties for any costs and difficulties incurred, but can you be bothered with it ? they sound like very unreasonable people, they took your money to stay to the end of that payment period so you should have 9 days, tell them you will leave after this.
If you cant find somewhere at such short notice and are forced to livery elsewhere at a higher cost, it might be advisable to keep all receipts and costs incurred and take them to small claims court later for costs incurred by them breaking the contract, make all contact with them in writing by email or text if you choose to do this.

 

[Leg_end]

You should have a months notice (bar any clause for unreasonable behaviour etc). But I'd agree, if it took something as simple as a question regarding a change in package to act so unprofessionally and emotionally then you are better off out of there ASAP.

 

[popsdosh]

They can basically ask you to leave with what ever notice they like and there is little you can do to stop that. your only option in law is if there is a written or dare I say it verbal(it will do just as well) contract however your only real chance is a retrospective damages claim with all the cost that entails.
Basically if they have asked you to leave and you refuse you will be committing tresspass which could ultimately lead to you losing your horse.

 

[Goldenstar]

They can basically ask you to leave with what ever notice they like and there is little you can do to stop that. your only option in law is if there is a written or dare I say it verbal(it will do just as well) contract however your only real chance is a retrospective damages claim with all the cost that entails.
Basically if they have asked you to leave and you refuse you will be committing tresspass which could ultimately lead to you losing your horse.

This is somewhat alarmist .
OP has still nine days paid up .
No court in a civil case is going to find someone guilty of trespass or allow the seizure of a horse in those circumtances .

 

[Saneta]

Call the BHS legal team in the morning, but for your own sake, find somewhere else a.s.a.p. No joy in staying where there is bound to be friction/atmosphere. Ask for a refund of the days owed by the time you leave.

 

[Wagtail]

They don't have to give you full notice, but they do have to pay you back any monies you have paid up front for days you are not there.

 

[Toby_Zaphod]

24 hrs notice is far too short, I believe that you should have the 9 days that you have paid for. You may be legally entitled to stay longer but as others have said, would you really want to. Find somewhere else quickly & move. When a YO wants you off a yard they sometimes become really awkward & cause you difficulties & stress, so move asap.

 

[Shysmum]

IF you can find somewhere, I would get out of there quick ! even if a contract stated a time, i would hate to be "serving out my notice" when the YO wants you gone. is there more to this that you are telling us ?

 

[Elsiecat]

You've got 9 days left in credit. You haven't broken any rules. So as long as your contract doesn't state that 24 hours notice will be given and any monies will be kept by the yard owner - you have 9 days. No court would find you guilty of tresspass here. It's entirely unreasonable.
I'd take the 9 days but aim to be gone in a day or two. Save on the awkwardness.

 

[alainax]

What type of livery is it OP? Diy, part or full?

You would surely have at least the 9 days undoubtabtly, unless some kind of crime or gross misconduct has happened. And like others have said more than likely 1 month legally.

If I were you I would be finding another yard ASAP and telling the YO that the options are either you leave in the next few days if you find somewhere, and will expect a full refund for all days paid. Or that you will leave on day 9.

 

[MerrySherryRider]

If you have been there for 5 years, the YO must have been fairly reasonable during that time. Surely, she/he would not have taken such drastic action simply because of a polite enquiry about a change in the terms ?
Unless you're unlucky enough to find yourself on a yard with an odd ball YO, its usually a last resort to ask someone to move their horses within 24 hrs. I have known livery's being given 24 hrs notice but usually, the YO will give the owner a little longer if they cannot arrange the move until a day or so after the deadline.
Legal action is expensive and doesn't help an unpleasant situation. Have a chat with the YO and explain that you need a few days longer.

 

[Exploding Chestnuts]

Don't rush, you can't just shift your horse in 24 hours, you need time to find a nice place, all the not so nice places tend to have vacancies, in my experience.
Best out of there, that is for sure

 

[undergroundoli]

They don't have to give you full notice, but they do have to pay you back any monies you have paid up front for days you are not there.

Wagtail has a livery yard (unless I've lost my mind) so I'd second this.

Good luck finding somewhere.

Is this the first sign of nutjobbery the YO has displayed? Seems odd shes suddenly flipped after 5 years.

 

[Orangehorse]

It depends why youre being asked to go really.
If its as you say and youve a contract in place and can show by bank statements that youve paid and they still want you to go, theyre breaking the contract, but what are you prepared to do about it ?
You should have been given a month to leave if you pay monthly, you can ask but if they want you to go, why on earth would you want to stay ? tbh any attempt to enforce a stay and leave later might just be good money chasing bad, id imagine you might need to enlist the help of a lawyer to send a letter detailing the break of contract and penalties for any costs and difficulties incurred, but can you be bothered with it ? they sound like very unreasonable people, they took your money to stay to the end of that payment period so you should have 9 days, tell them you will leave after this.
If you cant find somewhere at such short notice and are forced to livery elsewhere at a higher cost, it might be advisable to keep all receipts and costs incurred and take them to small claims court later for costs incurred by them breaking the contract, make all contact with them in writing by email or text if you choose to do this.

Good idea!

 

[marmalade76]

I have an idea that they can legally ask you to leave whenever they like, it's not like renting a house! That said, 24 hours is most unfair and I think the best you can do is to try and get them to agree for you to stay for the time that you've paid just to give you a little more time to find somewhere else (start looking now!). As said, why would anyone want to stay somewhere they're obviously not wanted?

 

[Mike007]

There is a contract between the OP and the YO. The YO took payment for a further 9 days and now chooses to reneige on the contract. It could be argued that the OP is entitled to a further month,but it is not worth the hassle to even cosider it in these circumstances.

 

[Mithras]

If you've nothing in writing, then unless your conduct breached the contract by being so bad it could not continue, (which is not the case) then you are certainly entitled to the end of the period you paid for, and quite possibly a month's notice if you pay monthly. This is because of the type of contract it is - it can be hard to find alternative accommodation for a horse.

You would have grounds for a small claim - for the 9 days livery you have paid for and are not getting and for any relocation costs and excess costs for other livery for the period of notice. You are expected to mitigate your losses - by finding alternative accommodation quickly at a similar cost, not the most expensive, luxurious livery you can find!

Yards that do things like this deserve to get a bad reputation - its not only unethical, its just very stupid. I've been at two yards that did this, and I found the basic horse sense was missing along with respect for the livery - even if you have fallen out with a client, at least grit your teeth and honour the contract until its end so hard feelings are minimised.

 

[Mike007]

As Mithras said . Oh and Mithras ,congratulations on your seven thousandth post.

 

[foraday]

As others have said 24 hours notice is not enough notice to find a suitable new home for your horse and his/her requirements.

I would get a solicitors letter out asap to the YO. I can recommend Stuart Farr (horse and hound solicitor) at Clarke Willmott

http://www.clarkewillmott.com/people/Stuart-Farr/213

Stuart was superb in a very similar case. His letter sent the YO quaking and actually disappeared whilst the notice period carried on. So he is highly recommended indeed.

 

[Mithras]

As Mithras said . Oh and Mithras ,congratulations on your seven thousandth post.

Oh thank you! (I spend way too much time on here...)

 

[Marydoll]

If you've nothing in writing, then unless your conduct breached the contract by being so bad it could not continue, (which is not the case) then you are certainly entitled to the end of the period you paid for, and quite possibly a month's notice if you pay monthly. This is because of the type of contract it is - it can be hard to find alternative accommodation for a horse.

You would have grounds for a small claim - for the 9 days livery you have paid for and are not getting and for any relocation costs and excess costs for other livery for the period of notice. You are expected to mitigate your losses - by finding alternative accommodation quickly at a similar cost, not the most expensive, luxurious livery you can find!

Yards that do things like this deserve to get a bad reputation - its not only unethical, its just very stupid. I've been at two yards that did this, and I found the basic horse sense was missing along with respect for the livery - even if you have fallen out with a client, at least grit your teeth and honour the contract until its end so hard feelings are minimised.

Agree with everything here