YO advice on evicting a livery.

honetpot

honetpot

Well-Known Member
Joined
27 July 2010
Messages
10,362
Location
Cambridgeshire
Visit site
Having got the horse lodger from hell I am looking for practical advice. I know I will probabely ending up having to go to court to evict her but any practical advice would be welcome.
 
Are you a BHS gold member if so use their legal helpline if not I think there's a scheme where you pay a solicitor a fixed fee for half an hours advice.
What does your aggrement say?
 
Basically BHS help line said to go to a soliciter but I got the feeling that they were more interested in promoting their services, if I have to do that I will someone local.I just wanted some advice from someone who had done it.
 
Why not call citizens advice bureau? Chasing them for monies owed could be tricky and unless a lot, possibly not worth it in terms of effort. If they are particularly nasty I would suggest moving or locking away valuable items before you give notice!
 
I have been on two yards where people were evicted, they didn't have the services of a solicitor.

Is the person refusing to leave?
Have you given them notice?
 
I've only had to do it twice. Once the livery wrote to H&H magazine about my unreasonableness :rolleyes::D and the other time I had the livery's boyfriend in my yard effing and blinding at me for half an hour, but both times the end result was what I wanted.

Unless you can give us some details it will be difficult to advise you OP.
 
I don't know if this is just local folklore but I was told about a YO who literally just left a horse in a small paddock across from her yard with all the horse's stuff in a pile by the gate and locked her own gates after a livery ignored her request that they vacate the premises. I am not sure if that would work in your case, or even if it is true but it's an idea.
 
You've probably done this but I would give notice to leave in writing. State the reason/s that they are being given notice and the date they are to leave by.
 
OP can you give some more info i.e. do you have a contract/what does it say? why are you evicting them? have you already asked them to leave?
 
They have had notice but I just needed to know the next step. Fortuately I have just seen my friend who runs a lettings agency and has to do this and she says if I have to get a court order its relatively simple and you can download the forms and do it yourself, the court then appionts bailiffs to evict them.
 
So you gave them notice to remove their horse/s from your property, right? And what did they say/do? Are they paying their bills? Have you got a contract?
Unfortunately, livery services for horses do not come under the same legislation as residential property lets.
 
skint1 said:
I don't know if this is just local folklore but I was told about a YO who literally just left a horse in a small paddock across from her yard with all the horse's stuff in a pile by the gate and locked her own gates after a livery ignored her request that they vacate the premises. I am not sure if that would work in your case, or even if it is true but it's an idea.
Click to expand...

I know a yard with a paddock by the gate for this purpose , no messing the YO uses it.
 
OP although your situation is not clear from your posts I would advise making physical notes after every interaction with these liverys making sure they are dated and made ASAP after every conversation.
 
I've heard/read stories about people going for a hack or out to a show, only to find when they return that the yard has been locked and that all their stuff is outside the gate.

I wonder whether it's actually really happened?
 
We did

We regret to Inform you that we will be unable to offer livery services to XXXX as from 25th August 2007.

We thank you for your past patronage and wish both you and xxxx every success in the future.

Please find enclosed livery bill with details of money owing to us.


if they dispute it the next letter says

I write further to the above matter.


Your livery arrangement was due to terminate on the 24th August 2007; however your livery fee has been paid only up to 17th August. This leaves one week’s livery fee outstanding.

I attached an invoice for the outstanding amount.

I would be grateful for your confirmation that you will satisfy this fee within the next 7 days failing which, I reserve my right to seek to enforce this invoice.
. If we do not hear from you we reserve the right to take matters further
and hand deliver this one so she cant dispute the post going awaol.


the final letter says


as yet we have not had a reply to the previous two letters.

We are now going to have to take matters further and notify the small claims court.

This last one did the trick on one livery
 
A horse on full livery at my yard didn't pay. The owner went to Spain on a 'holiday' and three months later still hadn't contacted the yard to pay rent. Yard owner sold the horse for the costs owed in livery.. That sorted things quick!
 
If you are having probles persuading them to leave, and are worried it will have to go to court, make sure you have everything in writing, sent via recorded delivery, so they can't deny they had it. Personally, I don't understand why people don't leave when given notice, or falling out with YO, as it makes for such an unpleasant atmosphere.
 
Think the sample letters "Leviathon" has given above cannot be bettered and would advise OP to copy off and use these.

We've had a problem tenant before who refused to leave, but not a situation with a livery, thank god.

Obviously OP is reluctant to share the details on here: but personally I'd use the letters Leviathon has suggested and see what happens.

If this doesn't work for whatever reason: you can always think again. Personally I'd be wary of the "throw their stuff out on the verge plus horse" approach as my unfortunate experience is that the law is a blimmin funny thing and you've got to be careful with these sorts of actions.
 
OP you mentioned someone letting a property had told you that you that they needed to go to court to get rid of a tenant, but if you are just providing a person with livery facilities for their horse they are NOT your tenant and the rules that are there to protect people from suddenly losing their home will not apply to your situation, as you are supplying a service/livery facility not renting out a house.
 
Unfortuately I beleave if they do not leave after you have served them reasonable notice you have to get a court order to evict them. Yes if they are in a property they have more rights under the Landlord and Tennant Act but you still have to go to court to evict people from your land, thats why it takes local councils a while to move illegally camp sites/fly grazing.
 
Imaybe wrong but if they'er owing you money and alot of money and you're following the correct procedures ie giving them notice, keeping copies of letters you're giving them. Aren't you entitled to hold the horse as compensation?

if it was me i would get tough and agree with some of the others, lock the gate dump their stuff outside the gate tell them to pay the money before you hand over the horse and give them 48hrs or something along those lines.

if they're anything like some of the people ive heard of out there get tough :mad:

i hope i all works out
 
You must log in or register to reply here.
Top