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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi,I have a problem with a livery on my yard. I have served

Resolved Question:

Hi, I have a problem with a livery on my yard. I have served her notice to take her horses away (by 19th November) however she hasn't done so, and has already informed my solicitor that she won't go without a court order. This is in hand. I want to do this is because she is very abusive and has threatened me a couple of times, her horses keep breaking through the fences to get to my own horses hay as she doesn't feed hers, she takes all the fences down every night, allowing the horses to go wherever they like causing enormous damage to my fields, she refuses to clean the droppings and is in every way a livery from hell. The latest thing she has done is remove the water tap so that I can't give my horse water, I have to take containers of it with me. She called the police last week claiming I had locked her out of the barn, but minutes before the call to them she had been in there, very loudly shouting abuse at me, I have witnesses to this. The situation is so bad that I am moving my own horse to another yard temporarily as he is suffering also and losing condition due to being bullied by her horses, I am also not prepared to keep feeding her horses hay that is intended for mine. As I am leaving my premises tomorrow can I legally remove all of her belongings from my barn and store them in a stable, lock up the barn, and turn the electricity and water off? The Landlords have become involved as the police spoke to them on Friday, they think I should give her until the end of the year to find somewhere else, but as I have a legal obligation to them to keep their property up together, (which I am unable to do) and this matter is nothing to do with them (I am a landlord and if my tenants argued with each other I wouldn't get involved as this is of no concern to me, only if they broke the tenancy agreement in some way ie not paying rent would I become involved) I am the legal tenant of the land on a farm business tenancy. Please help. ***** *****. PS I can't speak to my own solicitor as he is on leave and unavailable until Thursday.

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Thank you for the history, what would you like to ask me please?
Customer:

I would like to ask if I can remove the liveries belongings from my barn, put them into a stable (unlocked) turn off the water and electricity and lock up my property, as I am temporarily removing my horse from my yard. I have served her notice to leave from my solicitor which she has ignored; she is trespassing every time she goes to my property.

Customer:

Also I pay for the light and water, she doesn't.

Alex Watts : Would that mean the horses would suffer?
Customer:

no. it is just tack, grooming kit etc. she doesnt feed them anyway which is why they constantly break the fences down to get to my horses hay.

Customer:

Also she would have to take water with her which is what I have to do as she has stolen my water tap, this has been reported to the police.

Alex Watts :

Ok - so nothing you do would have a detrimental effect on the horses?

Customer:

No. Removing her things to a stable and locking my barn up, turning my electricity and water off and allowing her access to the field to care for her horses even though she is trespassing will not have a detrimental effect to her horses Don't forget my possessions are inside and I don't want her to steal them.

Alex Watts :

Ok, if you are taking action that does NOT affect the horses then yes you can take possession

Alex Watts :

You dont need a Court order for that.

Alex Watts :

But your agreement MUST have said you have a right of re-entry

Alex Watts :

If your agreement does NOT allow a right of re-entry then you MUST have a Court order.

Alex Watts :

Without a Court order you could be sued for trespass etc

Alex Watts :

So it all depends on whether or not if you have an agreement and if you do, whether it allows for re-entry

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I think you are missing the point, I have a 9 year agricultural tenancy. I am her landlord. I can enter the premises whenever I like as I pay the rent.

Alex Watts :

Ok - but I assume you have some sort of contract with the livery?

Alex Watts :

Do they have exclusive access to that part of the land?

Customer:

Not written only verbal, however my solicitor advised that allowing her on the yard meant I had granted her a licence to keep her horses at my field, this can be revoked at any time without a reason, so this is what has been done.

Alex Watts :

Ah ok now I follow you.

Alex Watts :

In that case yes, you can remove everything.

Alex Watts :

As long as you keep it safe you are ok,

Alex Watts :

You are in effect holding the items on what is called bailment

Alex Watts :

Which means you cant just throw it out on the street. You need to take reasonable care and ask her to pick it up. If she refuses then after 1 month you can dispose of them. But for that month you need to look after them

Alex Watts :

Does that help?

Alex Watts :

But yes, if there is a licence it can be terminated at any time for whatever reason,

Customer:

The police have already told her to remove her property as quickly as possible, as she called them on Friday night when I was there pretending she couldn't gain access to the barn. However she has't removed her things and I want to lock up the barn tomorrow as my horse is leaving until I have evicted her.

Alex Watts :

OK, as long as the horse will be ok you are fine

Alex Watts :

If the worse will you can lock up!

Alex Watts :

Does that help?

Customer:

I think so; to summarise I can put her things in another stable so she has access to them, turn off the water and electricity,and then warn her to pick the items up by December 25th, if she doesn't I can dispose of them. I can then lock up my barn and take my horse on holiday for a few months whilst my solicitor goes to court to obtain an eviction order. Any idea how long an order takes to get as I know from experience as a property landlord this can take months.

Alex Watts :

That is correct.

Alex Watts :

A Court order really depends on court lists and how busy they are. But usually around 4-6 weeks.

Customer:

Ok, once we have the court order she obviously won't go so then how long will it take to go back to court etc

Alex Watts :

Once you have the court order you can send the bailiffs in, so a few days.

Alex Watts :

Can I clarify anything else for you?

Customer:

As this is a private livery yard and not a house, how long would the court be likely to give her to remove her horses? She is stating that she won't be able to find anywhere for them for 3 to 6 months. I managed to arrange an alternative yard in approx 5 minutes and one phone call, the only reason I haven't moved already is because I have had to arrange transport.

Alex Watts :

The Court would give a period of time, say 1 month.

Alex Watts :

Not long.

Customer:

Ok. Thanks for your advice.

Alex Watts :

It can't be that hard to arrange alternative fields etc.

Alex Watts :

Great. Can I clarify anything else?

Customer:

If my landlord decides to step in and interfere, ie giving her more time as he has already done once, what can I do as my tenancy agreement states that "For so long as the tenant pays the rent and complies with his obligations under this agreement the Landlord will permit the Tenant to occupy and enjoy the Holding without any interference or disruption by the Landlord or any person acting on the Landlord's behalf or deriving title under the Landlord"

Alex Watts :

Then you could sue for breach of contract, the Landlord is unlikely to step in

Alex Watts :

You gave peaceful enjoyment and if you do not get it, that is a breach

Customer:

Ok thanks very much.

Alex Watts :

Can I clarify anything else for you today?

Customer:

Last question, what does peaceful enjoyment actually mean and who does it apply to?

Alex Watts :

It applies between you and the Landlord, ie if you are paying the Landlord will leave you alone

Customer:

Ok, I pay a month in advance, so have paid December's rent already.

Alex Watts :

Ok. But dont worry about that, the Landlord is unlikely to get involved

Customer:

They already have, I was summonsed to a meeting last Thursday (the day after she was supposed to leave) between them me and the livery from hell. They gave her until the end of the year to leave, completely undermining my solicitor and me. One of them also wants to come to my solicitors appointment on Thursday.

Alex Watts :

That is nothing to do with the Landlord. You should be able to run the yard how you want.

Alex Watts :

You are paying the rent, you have a right to no interference,

Alex Watts :

You should tell the Landlord to keep out of this.

Alex Watts :

Or you will sue for breach of contract

Alex Watts :

The Landlord can't give the sub tenant any time, it is NOTHING to do with them

Customer:

This is the meeting I have to discuss the eviction so I will tell them they can't come. Thanks. I was concerned that they would give me notice to quit over this matter but they actually can't as I have done nothing wrong. In fact I have done everything correctly. Thank you for your advice.

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