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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Re: Horse livery I had my horse on part livery since sept

Resolved Question:

Re: Horse livery
I had my horse on part livery since sept last year 2013 till last Thurs 27th when I gave one months verbal notice as agreed as it was not confirmed when my horse would be leaving the yard to go to his new owner. He was on DIY livery at the same yard before this date. There is no written contract for either.
Am I liable to pay one months part livery costs as they are not providing the service as the horse is no longer there? Or should I pay the DIY (stable rent) livery which is much less?
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

So you gave a month's notice to quit but will not be using the services for that month, is that right?

Customer:

yes thats correct

Ben Jones :

And you are asking if you should be paying for the month's notice?

Customer:

should I be paying for the part livery which includes the services for the horse which is no longer there or should I be paying the lesser amount just for the stable rent? .... A bit like a bed and breakfast verbal agreement for a month at a time but if notice is given, and the room vacated, do the owners charge for the room and the breakfast or just the room?

Ben Jones :

Well a notice period would usually include the full fees because you are giving the notice and the other party would expect you to continue doing everything as normal for that period, using their services and paying the fees for that. Even if you do not use the services because you no longer require them, they could still seek to charge you for them because they would have expected you to stay for the notice period to use these services and receive the money for it.


 


However, at the same time if they are not making any losses as a result, for example because they have managed to get a replacement horse to fill in for yours, then they should seek to charge for the lesser rent only, otherwise they will be making a profit on top of their losses which is not what notice periods and fees should be fore. However, if they are not able to find a replacement and would have expected you to stay for the full notice period as normal, they can expect you to continue paying the full fees for that period.

Customer:

Does this apply even though there is no written and signed contract?

Ben Jones :

Yes, a contract would be implied in any event, you do not need anything in writing to have a contract in existence

Customer:

Oh ok, thank you. That has been very informative and confirmed a very grey area for me. As other people have been telling me different. I will pass the information on to stop others making a possible mistake. Thanks again. Kim.

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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Customer:

I will. Thanks Ben.

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46183
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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