VIC Returning Leased Horses - Options?

[Julie Anne]

I have 4 leased horses and have tried to contact the owner to return them and she wont make contact with me. My husband has lost his job and we have been forced of our land so I desperately need to return the horse in the next two weeks. Where do I stand with the leases legally and what or my options?

 

[Rod]

What does it say in your lease agreement about returning horses early?

 

[Julie Anne]

We hereby certify that the horse was leased for the above mentioned period or until earlier termination of the lease by virtue of the death of the horse, lessees default, mutual agreement, expiration of the term of the lease or the lessee ceasing to be a member of the Arabian Horse Society of Australia Limited ( herein called "The Society" where such membership is necessary.

I haven't been a member of the Society for 2 years and they are telling me that the clauses have since changed and you don't need to be a member.

 

[Rod]

Unless you agreed to subsequent changes they are unlikely to be legal. Were you advised of changes? And if so, did you agree to them?

 

[Julie Anne]

I had not been notified of the changes until I made an enquiry about the leases yesterday and I didnt agree to them.

 

[Rod]

Send them an email saying the original lease is being terminated and that you never accepted any revised lease terms.Give them a time in which to accept delivery of the horses after time you charge them for upkeep (feed etc).

If they refuse to acknowledge the email, send a certified letter.

 

[Julie Anne]

Thank - you so much for your help I'll let you know the out come.