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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Not paying for garden work

808 replies

gardendramas5 · 16/05/2025 09:24

I’m pretty sure I’m not being unreasonable but I just want to see what other people think.

I purchased my house December last year. It was empty for at least 2 years (ex rental)

The previous owners kept the front and back garden tidy whilst it was on the market, no idea if it was them that did the work or if they paid someone. Both gardens are quite large. I started doing all of this myself when I took ownership.

Anyway, I’ve been away for the last week with family and came home on Wednesday to freshly cut grass, weeds pulled etc. I asked my neighbours if they had seen anyone but they were at work. It turns out that the previous owners hired a company to do the work and hadn’t notified them that they’d sold the house last year. I only found this out yesterday as the gardener turned up with the invoice. I explained I wasn’t aware of this arrangement and that he would have to invoice the previous owners for the work (I was polite and apologised for the inconvenience but made it clear I hadn’t asked for this work to be done and wasn’t prepared to pay for it either)

He knocked on again this morning and explained that he’d spoken to them yesterday and that they agreed to pay half (because it was their error) but that I should pay the rest because I’m the one benefiting from the work. I told him no sorry I’m not paying and he needs to take it up with them.

I do feel bad for the gardener, but it’s their fault. I didn't ask for this. They were awkward during the conveyancing process too so this doesn’t surprise me. AIBU?

OP posts:
Winter42 · 16/05/2025 14:59

My husband is a gardener with regular clients. He always calls or messages before going round to check they still want him.on that day, particularly at the start of the season. The error is with the previous owner and the gardener here, not you.

AthWat · 16/05/2025 14:58

harvestqueen · 16/05/2025 14:54

Are you the thread warden now?

Please understand I will post when and what I want, regardless. Do you expect every poster to recognise your name and your position on the matter? I do now.

Can you explain to me how I was trying to stop you posting what you want?

If you want to keep telling people who are not arguing that the OP should pay that the OP shouldn't pay, you can. However if you keep doing it to people making an entirely different argument as though you've somehow answered the point they made, expect to have it pointed out to you. Because what it looks like is you either don't understand what they are saying, or you are constantly moving the goalposts. But you carry on!

harvestqueen · 16/05/2025 14:57

SwingTheMonkey · 16/05/2025 14:55

I agree, and have said so upthread. My comment was in relation to the fact the gardener hadn’t been for a few months.

And my comment was in relation to the fact that no gardener I have ever employed has been okay with coming at such irregular, seasonal intervals, or they would be broke half the year. I guess we all have different lives and lived experiences.

SwingTheMonkey · 16/05/2025 14:55

harvestqueen · 16/05/2025 14:50

Then they had plenty of time between when they put the house on the market, sold it to the OP, and mid-May coming around, to cancel whatever arrangement they might have had with this gardener. Not OP's problem.

I agree, and have said so upthread. My comment was in relation to the fact the gardener hadn’t been for a few months.

AthWat · 16/05/2025 14:55

NeedToChangeName · 16/05/2025 14:45

Actually, since there's no contract between OP and the gardener, I think this is a case of "quantum lucratus est", not quantum meruit

https://legal-resources.uslegalforms.com/i/in-quantum-lucratus-est

But, if they did a decent job and saved the bother of eg mowing the lawn, I think it's a bit tight not to agree to pay half

You don't have any idea how much they value having their lawn mowed for them or how much they are being asked to pay, so you can't possibly reach the conclusion it's "a bit tight".
If they are time rich and cash poor and enjoy mowing the lawn any amount is too much.

harvestqueen · 16/05/2025 14:54

AthWat · 16/05/2025 14:52

Please understand that people pointing out to you that the delay is not unusual are not in any way saying that the OP should pay.

People can disagree with you on one thing without disagreeing with you on everything. And if you've reached the same conclusion as me but due to faulty reasoning, I can point out your faulty reasoning without questioning the conclusion.

Are you the thread warden now?

Please understand I will post when and what I want, regardless. Do you expect every poster to recognise your name and your position on the matter? I do now.

SouthLondonMum22 · 16/05/2025 14:52

You did the right thing. I wouldn't be paying for it either and it isn't beneficial for you because it isn't something you wanted.

AthWat · 16/05/2025 14:52

harvestqueen · 16/05/2025 14:50

Then they had plenty of time between when they put the house on the market, sold it to the OP, and mid-May coming around, to cancel whatever arrangement they might have had with this gardener. Not OP's problem.

Please understand that people pointing out to you that the delay is not unusual are not in any way saying that the OP should pay.

People can disagree with you on one thing without disagreeing with you on everything. And if you've reached the same conclusion as me but due to faulty reasoning, I can point out your faulty reasoning without questioning the conclusion.

Badbadbunny · 16/05/2025 14:50

DrPrunesqualer · 16/05/2025 14:49

We have a garden out the front.
The postman needs access so anyone can walk through the front gate.
Not all properties are the same and OP has mentioned a front garden

Edited

So do we. We're not bothered about the front. But we have a solid gate on the side so that no one can get round the back.

ButterCrackers · 16/05/2025 14:50

harvestqueen · 16/05/2025 14:48

He had an arrangement with the previous owners and for the previous two years the house had been empty. I would say the house looking lived in might have tipped him off there had been a change of circumstances. In any case, it is not the OP's bill to pay.

Yes it’s not for the op to pay. It’s not any fault of the gardener.

AthWat · 16/05/2025 14:50

boatface25 · 16/05/2025 14:41

Yes, I'm not actually stupid, it is very obvious what that poster is saying in as unpleasant and snippy a way as possible. The irony being they are probably quite nice in RL. Read my post. Did I tell OP what to do? Or did I say what I would do? Why would I pay half? Well, to me the gardening would have value. Mistakes happen, I've benefitted, I'd pay half. I'd not pay all because I'm not that nice!
If OP doesn't feel she has benefitted then she won't pay. Whatever. I really can't get upset about it.

I didn't think it was "unpleasant" at all. You just said "I would pay" without qualification in a manner that obviously suggests the OP should pay. If you mean to say you would pay because your personal circumstances mean you would derive benefit from it, then you should qualify it by saying that, to make it clear that's nothing to do with the OP.
If you tell someone "Well I would pay for them" when they've had a bill for 500 kilos of potatoes dumped on their front lawn, you have to add the information that your name is McCain.

harvestqueen · 16/05/2025 14:50

SwingTheMonkey · 16/05/2025 14:39

It wouldn’t be every 5-6 months? My gardener finishes in October and doesn’t come back until mid March. Between March and October he’s here every week. It’s perfectly plausible that the previous owners didn’t want him back until mid May.

Then they had plenty of time between when they put the house on the market, sold it to the OP, and mid-May coming around, to cancel whatever arrangement they might have had with this gardener. Not OP's problem.

DrPrunesqualer · 16/05/2025 14:49

Badbadbunny · 16/05/2025 14:45

I agree. Had it been our house, he simply wouldn't have been able to access our garden without ladders as the side gates are locked and the fences all around the garden are pretty high (not to mention some prickly shrubs around the boundary). Surely the garden would be better if secure to help stop burglaries too!

We have a garden out the front.
The postman needs access so anyone can walk through the front gate.
Not all properties are the same and OP has mentioned a front garden

Oriunda · 16/05/2025 14:49

What?! I’m obviously talking about her back garden. Surely that’s a security issue, no?

Badbadbunny · 16/05/2025 14:49

Augustus40 · 16/05/2025 14:44

To the poster who paid £500 for 2 gardeners for half a day you were well and truly shafted.

Going rate is £20 or £25 1 hour professional gardener with power mower and all his own tools.

Mine visits monthly I pay £20 or £40 if 2 hrs occasionally needed.

£500 is just crazy.

I agree, we had a couple of gardeners (professional outfit, sign written van etc, well recommended locally), to clear MIL's garden last November (clearing dropped leaves, cutting back shrubs, clearing weeds etc) as she'd been unable to do any gardening at all during the year. They only charged £100 for a full morning's work - 2 blokes (owner and lad) 3 hours, and they took away all the cuttings etc. £500 is an absolute rip off. Though we were surprised that ours charged so little - we'd expected maybe a couple of hundred quid.

harvestqueen · 16/05/2025 14:48

ButterCrackers · 16/05/2025 14:36

The gardener has a contract that he fulfilled. The house looking lived in or not has no bearing on the contract.

He had an arrangement with the previous owners and for the previous two years the house had been empty. I would say the house looking lived in might have tipped him off there had been a change of circumstances. In any case, it is not the OP's bill to pay.

skyeisthelimit · 16/05/2025 14:46

YANBU, you did not engage him to do the work. This is 100% on the people who did not cancel him.

Also, if he knew the property was up for sale, he should have checked with them that they did still own it before starting work on it again.

Badbadbunny · 16/05/2025 14:45

Oriunda · 16/05/2025 14:43

How did he gain access to your garden? That needs to stop.

I agree. Had it been our house, he simply wouldn't have been able to access our garden without ladders as the side gates are locked and the fences all around the garden are pretty high (not to mention some prickly shrubs around the boundary). Surely the garden would be better if secure to help stop burglaries too!

NeedToChangeName · 16/05/2025 14:45

NamechangeforLCJ · 16/05/2025 11:14

The fact that there’s no contract between OP and the gardener isn’t determinative. There’s a principle called “quantum merit” (meaning “as much as he has deserved/earned”) that covers this situation.

In essence where someone has been unjustly enriched by receiving a benefit for which the provider can’t bring a claim in law (eg because there is no contract), the court has a discretion to order payment.

There are lots of summaries online but here is one from a reputable firm of solicitors: https://www.walkermorris.co.uk/comment-opinion/a-quantum-meruit-a-remedy-for-risk-takers/

I think the court would be likely to award something here. Notwithstanding OP might say “well it is not a benefit to me as I would have done it myself” the fact is she hasn’t had to and the court would recognise that.

Actually, since there's no contract between OP and the gardener, I think this is a case of "quantum lucratus est", not quantum meruit

https://legal-resources.uslegalforms.com/i/in-quantum-lucratus-est

But, if they did a decent job and saved the bother of eg mowing the lawn, I think it's a bit tight not to agree to pay half

In Quantum Lucratus Est: Understanding Its Legal Implications | US Legal Forms

Explore the legal definition of In Quantum Lucratus Est and its significance in profit calculations. Learn more about its applications in law.

https://legal-resources.uslegalforms.com/i/in-quantum-lucratus-est

Kissedbyfire1 · 16/05/2025 14:45

Debinaround · 16/05/2025 12:29

Bloody hell that’s ridiculous. It’s so unfair that someone can do that and you have to cough up. Was it a lot of money you had to pay out? I hope whoever made that decision in court comes home one day to find their whole house painted and a new fence put up and a bill they are expected to pay because someone told the handyman they would be good for it. 🙄

It was £200-300. Not a huge amount, but that’s not the point.

AthWat · 16/05/2025 14:44

Oriunda · 16/05/2025 14:43

How did he gain access to your garden? That needs to stop.

People could come through my gate into my garden. Do I have to stop that as well? I'd appreciate you letting me know before you enforce it, as you are clearly the Garden Access Czar.

DoggingDave · 16/05/2025 14:44

gardendramas5 · 16/05/2025 10:40

Thanks for all your replies, it seems like a mixed bag of opinions.

I don’t want to pay because I never asked for this work to be done, didn’t have an agreement with the gardener and I think it’s the sellers fault for not telling him. I spent quite a lot of money on a new lawn mower / gardening tools in March which I have already used and intend to use for the foreseeable. I already know a gardener who worked for me previously at my old house. If in the future I decide I don’t want to do the work myself, it’s him that I will use but for now I’d prefer to do it myself and save money.

You're being completely reasonable its not your fault its the old owners and the gardeners fault personally wouldn't pay either. You'd think the gardener would check before the first job of the year to find things like this out.

Augustus40 · 16/05/2025 14:44

To the poster who paid £500 for 2 gardeners for half a day you were well and truly shafted.

Going rate is £20 or £25 1 hour professional gardener with power mower and all his own tools.

Mine visits monthly I pay £20 or £40 if 2 hrs occasionally needed.

£500 is just crazy.

AthWat · 16/05/2025 14:43

Cosyblankets · 16/05/2025 14:32

Surely he could see the house was now lived in

I mean he could, if "he" was the same guy that knew the house was supposed to be empty, and not someone just sent down with a list of jobs to do. If that was so then, best business practice, he would have checked. However he still just did the work he was contracted to do and legally he's owed the money. Additionally, if anyone wants to argue he shouldn't have, the previous owner can - it's nothing to do with the OP.

Oriunda · 16/05/2025 14:43

How did he gain access to your garden? That needs to stop.