Not paying for garden work

I recently had a morning’s gardening done. When I look at what they actually did, it wasn’t an awful lot. It cost me £500, for a morning’s work. There were two of them so, actually a day’s work. Nonetheless, gardeners don’t come cheap these days.

Exactly. I don’t mow in May and would lose it if someone lopped down my lawn.

My gardener is contracted to start in spring every year. I pay a deposit thing at the end of the autumn to confirm my place for spring. I get it back if I cancel with 4 weeks notice.
Then he just turns up in spring and starts work. No communication needed.

The contract is with the previous owners.

My gardener rings all his clients annually in March to plan his schedule. This is what a professional gardener should be doing!

They were working for the previous owner
The contractural agreement wasn’t with you so you shouldn’t pay

What if you didn’t want the grass cut. It is no mow May to help wildlife.

For me I think it would depend on how much half of the bill was. £30 I could just about stomach, anymore than that I would tell the gardener to sort it out with the previous owners. Especially given you don't mind a bit of gardening yourself.

I know - and also seem to think its absolutely fine for the OP to be out of pocket rather than the 'poor gardener' (who is in fact the one who should be looking for goodwill - he's just lost a client and you'd think would be hoping the OP might consider contracting him herself... ).

Again, seasons. Stuff doesn't grow in winter. He's probably done it like this for a few years. But I would say it would be good business practice to check.

What sort of business is this guy running? Clearly doesn’t do it all winter and then rocks up and just does it without checking if anything has changed

It's amazing how many people are so keen to pay out in order to save the previous owners money "because think of the poor gardener". The gardener is fine either way.

I would not pay as it the contract is not with you. Also I would be furious if someone touched my garden.

If it's not his fault then he has a perfectly good legal remedy; he can recover his costs from the person who instructed him to do the work.

He wont lose out. Very simple small claims case if the previous owners refuse to pay the fill bill. They have a contract with the gardener to start every summer, that contract is valid. They have to pay the full bill. Nothing to do with OP.

The gardener is "the company".

Gardener needs to be more business-like . Confirm service before it happens, including price and timing.
Had he done that he would not be out of pocket.
We use a lawn service who visit 6 times per year. They always text ahead of time saying what they plan to do, and when. We can say yes or no. That’s very basic & simple.

I would feel bad for the gardener , but he bears some responsibility here.

If the above is the case, and if all the people in the obviously isolated village (that presumably takes days to get to by oxcart for workers from other places) are as stupid as you say, then I still wouldn't give a fuck. I'd probably not move to a place so populated by moronic wankers in the first place. I have lived in villages, but they weren't like this one you've found. I'd move if I were you.

I wouldn't pay. He needs to do proper due diligence before he does jobs for people. She isn't benefitting as it isn't something she requested! Plus she has already spent money on mower, gardening equipment etc.

I’d suggest ‘gardener’ was trespassing, who knows what belongings he’s seen that might go ‘missing’?
Didnt ‘gardener’ notice the garden was in much better condition now, compared to when last seen?
I don’t see why OP needs to pay for this ‘gardeners’ mistake?

How much is the bill? I think I would pay half. It was a mistake and though you don’t have to pay I would for the gardeners sake.

The gardener should have checked in with clients before the start of the season.

Sorry but this advice is wrong.

If you read the article it says:

"The court emphasised that there is no general right to payment in the absence of a contract and it is not the role of this area of law to create contracts for the parties where they have failed to do so.

In order for a claim [for unjust enrichment] to be made out, the claimant must show that:

1. The defendant has been enriched. This could be in terms of money, but can also be direct or indirect and includes benefits, saving from expense and discharging obligations.
2. The enrichment was at the claimant’s expense. There must be a causal link between the claimant’s loss and the defendant’s gain.
3. The enrichment was unjust. One or more of a number of reasons may be given, including mistake, duress or undue influence, failure to provide consideration for a conditional benefit, necessity or illegality.
4. The possibility of any other legal remedies must have already been exhausted."

Here the OP hasn't been enriched by the gardening service. She didn't need it, wasn't planning to pay anyone to do it and it will need doing again in a few days in any event. She was under no obligation to mow her lawn that week.
Even if she had been enriched, any "enrichment" wasn't unjust - she had no idea about the prior arrangement with previous owners. If she had been home, watched the gardener do all the work from her kitchen window, and only after he finished turned round and said "you'll have to take it up with the previous owners, you don't have a contract with me" that would be unjust.

Imagine a different service or product.

Let’s say an organic food delivery that arrived whilst the OP was away.
Should she pay for half of that because the owners forgot to cancel. Of course not. It’s not something she wanted or needed.

The previous owners need to pay in full.

Exactly.

I’d certainly not be paying anyone who trespassed and interfered with my garden scheme. What if they had applied unwanted chemicals or pulled out plants the homeowner wanted to keep?

It was their responsibility to check in at the start of the season, not assume the contract was in perpetuity.

Another one who wouldn’t pay! You didn’t hire him - arguably he was trespassing!

☝🏻This