Do we pay dog sitter? Our dog was put down before he was supposed to stay with her.

[BubblesBuddy]

I haven’t posted here before but I have a real dilemma.

Our dog was elderly (14): blind, deaf, suffering from dementia which affected his urinating habits and made him walk round in circles amongst other things. He wasn’t eating on some days and was wobbly and struggled to stand a few times. He was often disoriented and had become quite a lot worse in the last few weeks. We found him sleeping in his own urine one morning. We went to the vet about his medication and to ask the vet for advice because we were so worried about his enjoyment of life. After a lengthy discussion about what a dog should enjoy on a daily basis, we decided to consult with our family about ending his life, which we did 7 days ago. This was hard for everyone as you can imagine.

I texted our dog sitter who had had him regularly over 14 years telling her about the vet consultation and our dogs difficulties. I knew she would be upset. I also had to cancel him staying with her. He was due to go today. This would have been around £500 in fees. We felt we didn’t want to go on holiday with the decision hanging over us and our dog.

We now have a letter from our dog sitter basically asking for money to compensate for our dog not coming to stay. Over the last 13 plus years I have paid her thousands of £. I know she thought her insurance would pay but as he didn’t die with her, it won’t. What do we do? Should we pay something? Nothing?

Our DD who is a lawyer says the contract for her to look after our dog has been “frustrated” because our dog died. Also that as a self employed dog sitter, who only took cash, she has to accept cancellation due to ill health and death. I feel that I should have kept him alive for her benefit. So what do we do? Any advice on this difficult situation gratefully received.

[cstaff]

@BubblesBuddy Would love to know what you decided to do.

[Haffdonga]

@BubblesBuddy - have you made a decision?

[LolaSmiles]

janesmore
You're sensible and draw up appropriate contracts.

Where I think you're wrong is here:
However it is a business if you are paying her to provide a service - she can't choose to just say it isn't!
It isn't a business. It's someone who used to run a business still being willing to have a dog they like on a cash in hand basis.
Essentially it's a paid favour.
The dog sitter won't be claiming the income.
The dog sitter won't have to have required insurance, checks, be registered with the council and so on.
They'd probably be on dodgy ground if anything untoward happened to the dog in their care too.

[rookiemere]

I don't think she should have asked for the full amount and it sounds as if her communication was badly worded, however she had made herself available to look after your ddog so I think it's unfair that she gets nothing. Personally I would have given her half of the amount as I think that's fair recompense under the circumstances. I wouldn't be giving her flowers and chocolates though - it's you that's suffered the loss. Maybe a nice framed photo of your doggy to remember him by.

[janesmore]

I disagree with so many posters who say that if you're self employed you should just suck it up if people cancel. I'm self employed and cancellation within 2 weeks incurs 50% of fee, within 48 hours it's full payment. I can't replace the work and have bills to pay. My contract terms are clear and no one has ever refused to pay.

I don't think you should pay in this case and she's incredibly thoughtless for asking. However it is a business if you are paying her to provide a service - she can't choose to just say it isn't!

[missbattenburg]

p.s. OP, I think in your situation I'd look at what an average term might have been regarding cancellation, e.g. anything less than x days incurs a charge.

Having a quick look around, dog boarding cancellation fees seem to vary between 2-5 days notice is 'free' and anything less incurs a charge. There are some outliers asking for 50% regardless of what cancelled, or 15 days notice but these seem to be bigger kennels. As you gave 1 weeks notice, I'd take the view this was fair and reasonable and so no fee is due.

[missbattenburg]

If when she was running her business full time she'd have charged for cancellation, I'd expect the same terms to apply now.

Only if the OP knew about them prior to taking the service. You cannot be bound by terms you are not made aware of.

[Twirlyem]

As a dog sitter I wouldn’t dream of taking payment!!! I would be returning any deposit and buying you flowers not expecting them off you! I understand a lot of people rely on the money but at this time of year she could Fill that spot very quickly. On my dog walking group earlier someone was asking if they should offer the deposit back (non returnable in contract), there was no question about her asking for rest of money. So sorry for your loss x

[MarleyMooChick]

Anyone who is charging for dog care needs to have an animal boarding license & be insured as rules were updated in October 2018. So I don't think she has a right to demand payment as she is not running a business anymore

[saltysow]

See, I work on a freelance basis and have several times had jobs cancelled or promised work not come through - I just have to suck it up. And that’s proper work I declare to HMRC too, not just an ad hoc favour for someone not running a proper business.

PP is right. I'm a freelancer and if I get a cancellation it's tough luck for me. No service, no payment. To be honest I'm shocked she has the audacity to ask for money when your dog has just died. She clearly doesn't care as much as she makes out.

[Haffdonga]

I'm with the don't pay brigade. She knows what happens to old dogs. She could have taken a deposit and had a contract if she wanted job security. She should be sending you the flowers.

I'm sorry about your dog.

[Farmerswifey12]

I wouldn't pay. If it was a proper business with proper terms and conditions etc then yes I would. But based on the information you have disclosed, I absolutely would not pay!

[NoSquirrels]

she needs the money more than you

Did you read the full thread, and the OP’s further comments? The dog sitter absolutely doesn’t sound as if she needs the money more than OP! She might want it, but that’s not the same as needing it.

[Polly111]

What would op be paying her for though? She hasn’t provided a service, she hasn’t had to spend any money on over heads and she hasn’t lost money by turning down other dogs. At most she’s had to plan her own social engagements around the 3 weeks she would have been looking after the dog.

If there was no agreement around cancellations then op isn’t obligated to pay anything. Most services say 50% of fees if the cancellation is within 7 days but even then I’d guess they may make exceptions if the dog had died.

If the woman expected payment she should have at least had the decency to allow a suitable grieving period (perhaps until op was due to return from holiday) before asking.

[LolaSmiles]

Pay her! It's not her fault the dog died, or yours. But she needs the money more than you.
If she needed the money then she would be running a business, not doing the odd cash in hand favour.

[Tensixtysix]

Pay her! It's not her fault the dog died, or yours. But she needs the money more than you.
Depends if you value her, do you?

[FriarTuck]

See, I work on a freelance basis and have several times had jobs cancelled or promised work not come through - I just have to suck it up. And that’s proper work I declare to HMRC too, not just an ad hoc favour for someone not running a proper business.
Ditto ^^
I think she's behaving appallingly. Do not give her anything. And certainly not a card and flowers - it should be the other way round!!!

[pilates]

Yes just as I thought what a cheeky mare. You should be getting a card and flowers from her not the other way round. What a vile woman. Sorry for your loss 💐

[wowfudge]

A contract can be verbal in English law. It doesn't matter that the dog sitter is now semi-retired and would have been looking after the dog as a favour to the OP, there was still an agreement she would be paid. Paying some cash in hand is not illegal and does not automatically mean tax fraud is being committed. Her husband's financial circumstances are neither here nor there. If when she was running her business full time she'd have charged for cancellation, I'd expect the same terms to apply now.

[Polly111]

After reading your update about it not being a business I’m shocked that she would ask for payment.

I wouldn’t be bothering with card and flowers I’d be writing back to say how appalled I am that she could even consider writing to you to ask for payment so soon after your dog had died and how sad you are that things have ended in this way after all the years of dog sitting.

Without the demand for money I would have perhaps offered a small amount as she may have fit other plans around the dog sitting, but her demanding payment would make me want to give her nothing.

[UrsulaPandress]

So sorry about your dog.

Tell the sitter to jog on. Cheeky mare.

[rwalker]

£100 card and flowers she's not running a business it's just some cash in hand work .

[newmomof1]

Based on your updates OP, I agree you shouldn't pay her anything.

I thought this was her livelihood!

If there is no contract she can't insist on being paid for anything.

[BubblesBuddy]

I buy his food. We have £80 worth of it here. It is special food. I agree about not saying it is part payment. Obviously I have not received any services, but I do respect that he was going there and she has less money.

[PuppyMonkey]

See, I work on a freelance basis and have several times had jobs cancelled or promised work not come through - I just have to suck it up. And that’s proper work I declare to HMRC too, not just an ad hoc favour for someone not running a proper business.

I would stand my ground and not pay anything at this stage.