Not paying for garden work

[gardendramas5]

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?

Surely he could see the house was now lived in

Good point.

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

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.

You're not, by definition, living in an empty house that just needs to be kept halfway tidy.

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.

Our window cleaner once broke his leg. He got a relative to drop out little notes through letter boxes to explain what had happened and that he'd not be cleaning the windows for a few months.

A few months later, he came round dropping notes through the doors telling us he was about to start again, appreciated that we may have found someone else, so if we wanted him to start again, just to either phone him, email him or leave the note stuck to the front window where he could see it.

He certainly didn't just rock up and clean everyone's window "assuming" we all wanted him to continue where he left of.

Any well organised gardener would have done likewise at the start of a new gardening season and certainly not just "assumed" that everyone still wanted him on the same basis after a break of several months.

No.

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

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.

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.

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.

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.

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

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

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!

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.

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.

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.

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

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

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 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.

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

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.