horse livery contract

imasmartie22_2

:beer:
have been asked to post this to see if any one is able to advise.
friend engaged in a livery yard agreement, states the following
£540 month in advance on 1st 14th [split fee]
if un paid for two months they will make a claim on owners horses?
30 days notice given by either party
thats basicly it
as usual they had a big disagreement, which owner of the yard gave them 7days notice insteed of required 30 days
livery was late due to circumstances out of her control,
febs bill has not been paid.
so to stop the costs rising she has offered a comprimise, saying either let us stay incurring no further livery charges untill, march next week[friday] and payment will be made in full, yard owner wont do it?
yard she wants to move to, wants a month up front as well, so shes in a pickle?any ideas would be good.
she has been told its a civel matter? not sure though

Evilm

Yes, its a civil matter. I cannot see a single thing in there that is related to a criminal matter. What did you think could have been considered a criminal matter?

Does the 30 day notice apply in all situations or is there any different terms in the contract for when payment is late? I wouldn't be surprised if there was.

Hintza

It is a civil matter.

From what you say the yard is breach of the contract (but is this a reaction to the first breach see below). The problem of course is they have the horse plus I imagine some expensive tack and other bits and bobs.

The other problem would appear that two payments have not been made 1st and 14th of February and sice they are meant to be paid in advance you are also in breach of your contract. It is not the livery owners fault you can't pay.

So in my view if you have had the service it is probably worth paying for the service you have received. If you don't pay I would expect the livery to take you to court over non-payment. and hol on to all tack etc.

Why is moving to the new yard a problem you have to pay upfront already (all be it it only a fortnight).

Relations have obviously broken down pay what is owed and move on.

imasmartie22_2

contrate just states two months rent owing they will take the horses to cover costs, there is no small print its not been put together by a solictor,
shes panckingas arranged to move today,
yard owner has said, there not going?
can she call the police if she tries to prevent her leaving?

imasmartie22_2

thank you for that, yes payment was late the payment date was moved to 21st of the month and this suited both parties, and yes they have both broken the contract.
she cant afford to pay both liveries, she not disputting what she owes, but yard owner saying if there after 1st of march another 540 is due
friend has stated she will give her some now and rest next week when payed, the owner wont do it.
friend offered to stay another week and pay all monies owing but they wont do that either, again yard owner saying 540 due.?
its stupid no one winning

heretolearn_2

This is called Right of Lien and it's pretty standard in livery contracts. Yes, the yard can hold on to her horse until she has paid up, and your friend needs to pay livery fees for the full time the horse is there. I'm not sure why your friend thinks she should be allowed to extend her stay for free. Eventually the yard can sell the horse to get their money.

Horses are expensive beasties. Your friend needs to think long and hard about whether she can afford all this.

imasmartie22_2

sorry but your wrong she has talked to a solictor, its a civle matter, she has offered, a comprimise which the yard owner wont do [allthough it seems one sided]
shes not refused to pay just cant pay all of it, by removing the goods [horses] you stop any more costs from mounting up.
she cant just be held to ransom
the situation is stupid

Hintza

Well she will have to borrow the money from somewhere or to leave something of greater value as security. If she doesn't get this sorted now she will lose her horse which will be sold at a price to cover the debt but could obviously be worth much more (very subjective pricing horses).

Optimist

imasmartie22 wrote: »

sorry but your wrong she has talked to a solictor, its a civle matter, she has offered, a comprimise which the yard owner wont do [allthough it seems one sided]
shes not refused to pay just cant pay all of it, by removing the goods [horses] you stop any more costs from mounting up.
she cant just be held to ransom
the situation is stupid

There might be a right to lien but it would depend on what the actual contract states. There is no implied right if the contract doesn't state as such.

I assume her solicitor as seen the agreement so I suggest doing what the solicitor has suggested

mattyprice4004

imasmartie22 wrote: »

sorry but your wrong she has talked to a solictor, its a civle matter, she has offered, a comprimise which the yard owner wont do [allthough it seems one sided]
shes not refused to pay just cant pay all of it, by removing the goods [horses] you stop any more costs from mounting up.
she cant just be held to ransom
the situation is stupid

So why come on here asking for advice if you're just going to argue?

imasmartie22_2

was not argueing just stating whats been said?
the solictor is now trying to sort something out from her point of veiw [dont make it right] shes offered to leave 3 horses meat value is 1200 if not more the bill is 540 plus 180 she refusing to let them leave. im sure someone will come out on the wrong end of it all not sure who