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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi there. I have been keeping my horse at a livery yard for

Resolved Question:

Hi there. I have been keeping my horse at a livery yard for over 20 months now. From the moment I arrived in the yard I have had trouble with one woman there who made it quite clear neither myself nor my horse was welcome. She has continued to bully me, interfere with my horse, deliberately spook my horse and most recently, steal my feed. Despite catching her stealing on video and despite my approaching the management company whose yard it is on many occasions complaining of her conduct, they continue to do nothing. The situation has caused me to become so depressed I am on anti-depressants, been off work and unable to ride. Aside from this one woman this yard is lovely and others there have a problem with her. I am classified as a disabled rider and the yard is around the corner from my house so moving could be a problem. At the moment I feel I am paying huge livery fees to be abused, bullied and my property taken. What can I do?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Do you have a contract with the livery please?

Customer:

Yes, there is a livery agreement in place

Alex Watts :

What is it you want to achieve please?

Customer:

I would like this woman to either stop bullying me and stop stealing from me or else be ejected from the yard

Customer:

The livery agreement says people can be told to leave for 'divisive' behaviour but does not mention bullying specifically.

Customer:

I don't consider this a matter of theft per se as I see the stealing from me as an escalation of the bullying

Alex Watts :

Have you reported anything to the Police?

Customer:

No. I know the person is a bully but this would ruin her life.

Customer:

I asked the estate to deal with it discreetly but they didn't. Said if they told her to leave she could sue them.

Alex Watts :

What does your contract say about quiet enjoyment of the livery if anything?

Customer:

I will try to find it. there's nothing quiet about it - lol

Alex Watts :

ok

Customer:

I just checked it and there is no mention of quiet enjoyment.

Customer:

There is a 'recommendation' in the livery agreement which states: 'It is recommended that you respect the right of others who may be permitted by the Licensor to use and enjoy the facilities and you do not interfere or cause conflict with them or their visitors'.

Alex Watts :

Ok - is the livery in breach of any of the conditions of the agreement?

Customer:

No. Not as far as I can tell.

Customer:

There is nothing in the agreement covering incidences such as bullying or theft.

Alex Watts :

Thanks. Theft is a criminal matter and should be reported to the Police

Alex Watts :

Bullying is only something that can be dealt with by management.

Alex Watts :

There would be an implied clause by law that states they must act with all reasonable skill and care.

Alex Watts :

If they do not do anything to stop the bullying technically the livery is in breach of contract

Alex Watts :

You could sue for any loss and damage caused.

Alex Watts :

But this means you would need to write, set out the position and if they refuse to do anything sue for breach of contract

Alex Watts :

I realise this may not be something you want to do, but this is a legal option for you

Alex Watts :

Sadly as a lawyer I can't offer anything more, except for trying mediation

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Thank you for that. I don't want to have to move my horse unless I have to. The woman in question works in retail and is about 50. If theft was hanging over her she would not work in this economic climate again and this is why I have hesitated to involve the police. I realise you may think me too soft-hearted. You have given me a good idea of how to approach the estate however and I will be doing this. I have had 20 months of this and it has to stop one way or another.

Alex Watts :

Yes of course.

Alex Watts :

Can I help further with this at all?

Alex Watts :

If not could I invite you to rate my answer.

Alex Watts :

If you cant do this please let me know

Alex Watts :

If you need more help please click reply

Customer:

I don't think you can help any more. I have kept copies of the correspondence I have sent to them about this in the past. If they don't act I will write to them as you suggest and most probably will consider the breach of contract suit. Many thanks for your input, Alex. I will certainly rate your answer as you have been able to clarify my position for me and I had no idea I had this option. Many thanks.

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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