What are my rights? Nasty Livery

TopTotty

TopTotty

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I have just asked a very very rude livery to leave my yard. She has upset everyone on the yard since she came and has just been so rude to me that I had no choice but to ask her to leave. She pays me weekly in advance but that is due today. She has been on every livery yard in the area and beyond and usually gets the police involved saying that the livery yard owners are mad and she is worried for her horse's safety and has also left owing each one money. She is on part livery and I do her horse every morning and this also includes haylage.
What should I do? I am not likely to see any money from her but how long do I give her to leave and do I stop her using my haylage and make her buy her own hay in?
Do I have any rights? She has no contract as she never returned it to me.
 
If she hasn't signed the contract you can ask her to leave immediately. Give her till Sunday pm.

I would. I'm no lawyer though!
 
i have no idea where you stand legally i'm afraid! but i would be very wary of stopping feeding the horse your haylage. if she decides to play "hardball" she will probably not feed it herself and it's not the horses fault its owner is such a *****er. Maybe do something like padlocking her tack room shut so she has to come and talk to you to get it unlocked rather than doing something that could potentially impact horsey's health.

also, presuambly you didn't know her history when you agreed to let her onto the yard?!
 
Perhaps if you're worried you could give the police or someone a call now, warning that things might turn funny.... I have no idea :/ sounds like you definitely need her gone though!
 
I have read somewhere that the period of notice on either side in a rental agreement (inc livery) can be equal to the period of each rental/livery payment. In your case I imagine that would mean legally a weeks notice on either side to quit.

With respect to the horse as you do provide part livery I would expect you to keep to that agreement for the notice period - but hard to say that if you suspect you wont get paid for it.

Good luck
 
This is the letter I have done to leave for her......any suggestions?

HAWTHORN EQUESTRIAN CENTRE
HUMBLESCOUGH LANE
NATEBY
PRESTON
PR3 0LL

Thursday 29th July 2010


Dear

Further to our conversation today, I would like you to remove your horse and your belongings from Hawthorn EC as soon as possible. Your failure to return the signed livery contract has denied you any rights including notice that would be normally given.

With regard to your livery payment (due Thursday 29th July 2010) I will require payment per day of £6.40 in cash up until the day you leave. Failure to comply with this will result in you being required to remove your horse and belongings with immediate effect. i.e. now.

I have taken the precautionary measure of informing the local police of the situation.

Thanks

Jeni Ball
 
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The letter is clear and to the point. I would advise adding, at the end of para. 1 after 'as soon as possible', 'and by date at the latest.' That way there is less flexibility over how long as soon as possible can be interpreted as.
As she has not returned your contract, she is lucky to be granted a period of notice. I too think that the rental period, in this case weekly, dictates the notice period.
In terms of your duty of care, if she does not pay you, then it is advisable to provide a basic standard of care for the horse i.e. food (grass is fine), water, shelter. You are not obliged to stable the horse unless not doing so would cause it suffering.
I must say, every time I am tempted to offer livery I read a post like yours and decide against it! Hope your client leaves promptly and without fuss.
 
Jeni Ball said:
This is the letter I have done to leave for her......any suggestions?



Thursday 29th July 2010


Dear

Further to our conversation today, I would like you to remove your horse and your belongings from Hawthorn EC as soon as possible. Your failure to return the signed livery contract has denied you any rights including notice that would be normally given.

With regard to your livery payment (due Thursday 29th July 2010) I will require payment per day of £6.40 in cash up until the day you leave. Failure to comply with this will result in you being required to remove your horse and belongings with immediate effect. i.e. now.

I have taken the precautionary measure of informing the local police of the situation.

Thanks

Jeni Ball
Click to expand...

No advice, but I wouldn't post your full address on a public forum!
 
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Hey thanks for that. I left my name and address on, as the link to my blog is on my sig and all the details are on there anyway.
 
People that threaten to "go to the police" seldom carry out their threats; any anyway, I can't see the local Plod getting terribly excited about a horsey issue like this, they'd just say it was a "civil matter" and that would be that. So I think her threat is just that, a threat, and all wind and p!ss to be honest, so I wouldn't be worried on that score.

I think your letter is a good one, and is clear and concise. You could add, if she gets even more a$$y, that you will persue any outstanding livery via the small claims court if she does not remove her horse by the time you stipulate.

I seem to remember other posts on this sort of subject, where there is a livery difficulty, and the RSPCA and others, are notoriously unhhelpful unfortunately. They won't "rescue" a horse unless it falls within their stipulated categorie(s) of "neglect", so probably not a great deal of mileage in pursuing this route.

I would wait, for now, and see what transpires. If you think there may be a physical threat from her or anyone connected with her, then yes that would be a police matter. So be wise and take care, i.e. always have your mobile with you, tell someone where you'll be, keep doors/windows locked, etc etc.

If she hasn't gone by the time you've stipulated, it may pay you to (as cheaply as possible!!!) have a chat with a solicitor as it might be a solly's letter might remind her of her obligations and put the frighteners up her a bit.

There's someone I know of in this area who's a real problem livery, and so I do sympathise, not that I've had her at my place, but its only by good luck that she didn't come here.
 
The letter is a good idea. Are you sending it recorded delivery? hand delivering it? I echo other ppl and would continue to give the horse a basic level of care (you dont want to get into trouble with welfare ppl) but I would send her a bill after. If you do not get the money then you can always go down the CCJ route to recliam it. Its quite simple to do and doesnt cost alot. Good luck, hopefully she will realise she is not wanted and leave asap.
 
oooh good luck...a nutter got kicked off our yard a few months back. i think she was given two week's notice - make sure you give yours a final date that she has to be gone by...and send your letter recorded delivery

what i never understand with these people is why they would want to stay somewhere where they clearly aren't liked/ wanted? our nutter would drive up when the YO wasn't there and sit in her car and bitch about YO....why?!:confused:
 
Letter hand delivered. Have put end date on of next thursday. I would never let any horse go without food or care so no worries there but if you are in Lancs or South Lakes you may want to PM me to make sure you do not end up with her on your yard!!
 
Good luck, hope she leaves with no hassle.

If she hasn't gone by the date given I would send another letter, this time recorded delivery. Definitely contact BHS if you are a gold member and ask for their advice,. Also, if it comes to sending a second letter, may be worth having a word with a solicitor and seeing if they will send the letter for you - or at least type on the letter that you have sought legal advice and a copy of this letter is being held by your solicitor.

If she gets awkward this week, log everything down and include witness statements where possible. I would also lock my hay shed/feed shed/tackroom whatever, just to make sure she HAS to come to you for access.

It may seem excessive but pays to cover your back,, good luck:)
 
Hey....she has gone!!!! Left all her stable full off poo and wee but taken her horse and her stuff and left my letter on the floor......gonna crack open the bubbly tonight!!!
 
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