Horse purchase disputes and the Consumer Rights Act: What you need to know
If you have purchased a ‘faulty’ horse it is important to act without delay to avoid losing or reducing the available remedies.
Equine Law
Unpaid livery fees and abandoned horses: Legal options for UK yard owners
If a livery stops paying or abandons a horse, knowing what you can legally do next is essential. Our equine law specialists advise UK yard owners on recovering unpaid fees, dealing with abandoned horses and taking lawful action.
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Specialist legal support for yards dealing with unpaid fees and abandoned horses
Protecting your yard when livery fees go unpaid
If you run or own a livery yard and a livery stops paying, disappears or abandons a horse at the yard, you may be left exposed to real financial and welfare risks. Our equine law team advises livery yards, competition yards and equestrian businesses on recovering unpaid fees and lawfully resolving abandoned horse situations.
Understanding the pressures facing yard owners
Many livery arrangements are agreed informally and do not adequately address non-payment, abandonment, liens, powers of sale or recovery of keep costs. This can leave yard owners facing significant expense and uncertainty when relationships break down.
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The legal risks of acting without advice
It is a common misconception that a yard can simply sell, rehome or dispose of a horse to recover unpaid fees. Horses remain the property of their owners and taking action without following the correct legal process can expose a yard to claims for conversion and other legal liability.
Your options for recovering unpaid livery fees
- Formal demand letters.
- Debt recovery through court proceedings or, where appropriate, insolvency procedures such as a statutory demand.
- Exercising contractual rights under a well-drafted livery agreement, including contractual lien provisions and, where available, contractual powers of sale.
- Recovery of ongoing keep, welfare and associated costs where legally recoverable.
Dealing with an abandoned horsese
Where an owner has disappeared or ceased communication, yards face the ongoing responsibility of feeding, caring for and safeguarding the horse whilst attempting to resolve ownership and debt issues.
The Control of Horses Act 2015
In England, the statutory regime introduced by the Control of Horses Act 2015 enables occupiers and certain landowners to detain horses on land without lawful authority. Provided the statutory notice requirements are followed, ownership can pass after the prescribed period and the horse may then be disposed of. This is often a more practical solution than court proceedings, but the procedure is technical and strict compliance is essential.
The Torts (Interference with Goods) Act 1977
Where a horse remains at a yard following the breakdown or termination of a livery arrangement, the Torts (Interference with Goods) Act 1977 may provide a mechanism for requiring the owner to collect the horse and, in appropriate circumstances, for selling uncollected horses following service of the required notices. The correct procedure depends on the facts and should be carefully followed.
Other considerations
Yards should keep records of all attempts to locate the owner, check passports and microchip records where possible, maintain records of costs incurred and continue to comply with their animal welfare obligations whilst the horse remains at the yard.
Preventing the problem before it starts
A properly drafted livery agreement should address payment terms, recovery costs, abandonment provisions, contractual liens, contractual powers of sale and authority to recover ongoing keep costs.
Legal and financial advice under one roof
Tees is a top-tier Legal 500 firm offering joined-up legal and financial services. We have our own independent financial advisers (IFAs), who work closely with our lawyers.
Our advisers provide holistic financial planning and as we are not connected to any one provider, we can offer a whole-of-market approach for the range of products we can advise on. We can also give independent advice for a whole range of insurance products to protect you and your family. Our IFAs are regulated and authorised by the Financial Conduct Authority, which means we’re accountable for the advice we give.
Get in touch today, we’re here to help
We advise livery yard owners, competition yards and equestrian businesses on unpaid fees and abandoned horses, providing practical legal support tailored to their circumstances and helping them understand their options.
We have offices across Cambridgeshire, Essex and Hertfordshire, but we can help you wherever you are in England and Wales.
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