time to leave

Cahill

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what would you consider a reasonable amount of time to ask someone to quit a diy space?
 

little_critter

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Depends what's in the contract. If no contract then rule of thumb seems to be whatever the payment interval is (ie if they pay weekly then a weeks' notice, if they pay monthly then a months' notice).
If there are no 'issues' then personally I'd rather be given a month, because finding another space for your house in 1 week could be difficult...so if the YO was otherwise happy and able to give a months notice (even if the contract / payment states 1 week) then I think that would be reasonable.
 

gunnergundog

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I assume there is no contract in place? If that is the case, then I would be led by how they pay their rent: if weekly then a weeks notice, if monthly then a month, if quarterly then a quarter and so on.
 

Cahill

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and when the pony is still there and the loaner/owner is being very evasive?
supposed to be monthly but person took over loan nearly 2 months ago and not paid a penny.
i have made allowences because of their payday but it has just dragged on and on.
 
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Antw23uk

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and when the pony is still there and the loaner/owner is being very evasive?

Oh its one of those!

Send them a written recorded letter telling them to leave by such and such a date or you will be taking legal action against them. Heading should include the word 'Formal'
 

little_critter

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and when the pony is still there and the loaner/owner is being very evasive?
supposed to be monthly but person took over loan nearly 2 months ago and not paid a penny.
i have made allowences because of their payday but it has just dragged on and on.

Abandonment notice??
 

zaminda

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Leave a note. I assume there is a reason you want them to go? It is very difficult if they won't go, because it isn't fair to the animal to dump it outside the gates! Or possibly legal. Not a good situation.
 

zaminda

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Do you know the owner? I know someone who put their horse out on loan, and ended up having to pay the livery to stop it being sold.
 

Cahill

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just feel sorry for the owner (who has moved away) and the pony.
would it be reasonable to ask them to be gone within the coming week?
(as i feel if money is suddenly forthcoming it will only happen again and again)
 

be positive

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and when the pony is still there and the loaner/owner is being very evasive?
supposed to be monthly but person took over loan nearly 2 months ago and not paid a penny.
i have made allowences because of their payday but it has just dragged on and on.

I would contact the owner, the loaner is not paying and if I were the owner I would want to take control and make other arrangements for my pony, if you are making allowances at this time of year and so early on in the loan it will only get worse, the owner needs to take responsibility before it gets out of control.
 

SEL

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I know our YO sent a text to a certain livery saying they had a week's notice or an abandonment notice would go up.

Its probably better in writing if you have their address or email.
 

Cahill

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I would contact the owner, the loaner is not paying and if I were the owner I would want to take control and make other arrangements for my pony, if you are making allowances at this time of year and so early on in the loan it will only get worse, the owner needs to take responsibility before it gets out of control.

this i think /\ /\ but owner is on holiday.no answer from either if them .
 

little_critter

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just feel sorry for the owner (who has moved away) and the pony.
would it be reasonable to ask them to be gone within the coming week?
(as i feel if money is suddenly forthcoming it will only happen again and again)

You can but try.
Have you actually asked them to leave already? Or have they simply not paid for 2 months and you've not given notice yet?
If they have been given notice then they have already had time to look for somewhere else.
If you haven't given notice yet the I think a week would be pushing it, but as I say, you can but try.
 

ycbm

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Do you know the owner? I know someone who put their horse out on loan, and ended up having to pay the livery to stop it being sold.

This is not legal. You cannot sell property belonging to a third person to recover a debt that someone owes you. It doesn't matter what the contract the loaner signed said, it can't be enforced. In that situation, the owner should have called the police and told them that their property was being unlawfully held, ie stolen
 

be positive

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This is not legal. You cannot sell property belonging to a third person to recover a debt that someone owes you. It doesn't matter what the contract the loaner signed said, it can't be enforced. In that situation, the owner should have called the police and told them that their property was being unlawfully held, ie stolen

It may not be legal but the yard in Yorkshire got away with shooting a horse over a week or so of unpaid livery, that was on loan to the person who had not paid, quicker and easier than selling it and nothing left to fight over.
 

ycbm

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It may not be legal but the yard in Yorkshire got away with shooting a horse over a week or so of unpaid livery, that was on loan to the person who had not paid, quicker and easier than selling it and nothing left to fight over.

Well there not a lot you can do after the horse is dead, is there? If it's being held to ransom, however, it's a criminal offence to sell it, it's theft. Either way, there's no need to pay the bill!

I understand that the reason he did not get prosecuted for criminal damage of the horse was that the owner would not act as witness to a prosecution?
 

Annagain

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Contact owner - I'm sure she won't be happy to know the pony is being neglected. Tell her you'll need to bill her directly for livery as loaner isn't paying. If she's no longer in the area, could you offer to help her find a new reliable loaner? It might be a bit of an effort but it's probably better for you, the pony and the owner in the long run and you'll have some say in the matter and can find a loaner you trust to pay up and to look after the pony.
 

meleeka

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just feel sorry for the owner (who has moved away) and the pony.
would it be reasonable to ask them to be gone within the coming week?
(as i feel if money is suddenly forthcoming it will only happen again and again)

Before next Friday would be a week so yes I think reasonable. If they can't move that quickly they could always speak to you!
 

Whoopit

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So they'll either just leave and not pay the outstanding debt or just leave and leave you with the Pony to care for until the owner is conts table.

Either way, I'd get rid ASAP. My horse was on loan and I found out she hadn't paid £400 of DIY livery! Farm owner is clearly nicer than he used to make out. I told her in no uncertain terms to pay up as I wasn't prepared to foot a bill for a horse that was on full loan and I'd make sure she never got anything else on loan or on another yard locally again if she left me with the debt. She paid it within the week and I took the horse back the next day - no notice, just said I won't be out in that position Again, get your stuff out of his tack room and don't come up to him again.
 

NOISYGIRL

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Depends on frequency of payment. If paying weekly then one week if paying monthly then one month
 

canteron

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Can they pay and what sort of people are they. Maybe send a letter to their work address and 'forget' to put 'private and confidential', but the embarrassment factor only works with some people!!
 

zaminda

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This is not legal. You cannot sell property belonging to a third person to recover a debt that someone owes you. It doesn't matter what the contract the loaner signed said, it can't be enforced. In that situation, the owner should have called the police and told them that their property was being unlawfully held, ie stolen

Sorry, should have made clear YO didn't realise the horse was on loan, and owner found out through a third party that the horse was being sold!. Loaner had done a bunk, and livery was due, horse was in foal. It was a mess.
 

Cahill

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a small update-
been intouch with owner who is really upset about how we have both been treated.
owner has taken back responsibility for keep.
myself and the rest of the yard are going to muck in/muck out for now.
loanee unaware and not been see today.
 

Cahill

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Phew. What a relief.

What happens if the loaner turns up?

yes hope it is all sorted for now,
i hope the loaner does turn up so we can speak face to face rather than text.
will have to explain in simple terms how she has not kept to the agreement and therefore the loan has ended.
 
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