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?

I would 100% refuse to pay for a job I didn’t want and didn’t ask for.

That's your choice.

I can't believe he just turned up after all this time without contacting the previous owners. How would he know they even wanted him back?

I it was me and I was happy with the work and the cost was reasonable I'd probably pay but you definitely shouldn't feel any obligation to.

As a pp has pointed out to you, the contract is with the home owner, not the property. It doesn’t cease to be a thing because the owner has sold. That isn’t how a contract works!

There's no "digging your heels in" to say no to people who ask you for money for nothing. The OP should just say to the gardener this is nothing to do with me, take it up with the people who contracted you; don't come back to me because they won't fulfil their legal obligations. If he wants to go to small claims against them, he can. It's nothing to do with the OP.
Your suggestion is that the OP should pay for the sake of the previous owners who are not owning their error, because apparently "the poor gardener" is too stupid or weak to push them to pay what they owe, but fine with hassling the OP.

Opinions are divided on the subject. You on one side, everyone else and the law of the land on the other.

I know perfectly well how contacts work. How can a house give consideration to form a contact? The previous home owners ended the contract but didn't tell the gardener. My point about OP being lucky is that they could have refused to pay. They are correct in that she has benefitted from the service. It's unfair that the OP didn't enter into a contract.

How can they end the contract without telling the other party in the contract??

They couldn't (reasonably) have refused to pay! They are legally liable!

What on earth do you mean "it's unfair the OP didn't enter into a contract"? Unfair to whom?

Mistake can happen, but the contract is between the previous owner and the gardener, not the property itself and the gardener.
They haven’t compromised in paying half, they should be paying in full. Doesn’t matter that they didn’t benefit (from something that they didn’t cancel). No idea why they thought paying half was acceptable, the only way I’d do that is as a gesture of goodwill if the gardener was somehow to blame too.
If I was the previous owner I’d be very apologetic to the gardener & pay him in full, and be thankful he didn’t prune or cut back a shrub that the OP didn’t want touching.

The house had been empty a couple of years previously. They had probably done this the year before, disappeared over winter and come back in May.

But yes, best practice, he should have checked.

You clearly don’t know how contracts work. You cannot simply end a contract without telling the other party. If you haven’t communicated with the other party, the contract is still in effect. If the party included in the contract refused to pay, the gardener would have to take them to court. Absolutely nothing to do with op, who isn’t ‘lucky’ to be paying half for a job she didn’t ask to be done.

"the only way I’d do that is as a gesture of goodwill if the gardener was somehow to blame too."

I mean for all we know they did say that, not "get the other half from the OP" but "you should have called us first, we're only paying half and the other half is down to you". But that's for them and the gardener to argue in court.

How much is he charging?

By some posters' standards, anyone should be able to rock up at anyone's house and do a job (mow the lawn, wash the windows, paint the house) and then demand payment because the homeowner 'benefited' from their hard work, even though said homeowner hadn't requested or budgeted for the outlay.

Nope.

Obviously enough that he thinks it's important enough to chase round hassling the OP about half of instead of writing off, so obviously enough for the OP by the same token to not want to pay for work she didn't want done.
Unless we are assuming people who post here are always wealthier than mere gardeners, of course, as many posters (not yourself) seem to be doing.

Are you having a laugh? 'Unfair' that OP didn't enter into a contract?

OP is not interested in hiring a gardener and never has been. OP is under zero obligation to enter into a contract with anyone for services she doesn't want!

Rather like the old folk who have some unscrupulous person carry out work in their garden without permission and then forcibly drive them to the cash machine to pay for it. I suppose lots of these posters think the old person should pay, because they’ve had work done.

OP are you sure this isn't a scam of some sort who prey on people who've just moved into property..?

It seems unusual that a gardening company would show up and do work on a garden without confirming it with someone, or even sending a reminder etc. Surely a real company would have sent a reminder to the person they'd made a contract with..

OP are you sure this isn't a scam of some sort who prey on people who've just moved into property..?

It seems unusual that a gardening company would show up and do work on a garden without confirming it with someone, or even sending a reminder etc. Surely a real company would have sent a reminder to the person they'd made a contract with..

I think you should pay half tbh. It seems very mean not to, and it's not the gardeners fault.

I remember not long after I moved in when I am now, I came home one evening to a note through the door telling me my windows had been washed! He'd had an arrangement with the previous owner, and she'd not told him. It honestly never occurred to me not to pay him. How was he to know?
I just text him on the number he left and explained.

OP are you sure this isn't a scam of some sort who prey on people who've just moved into property..?

It seems unusual that a gardening company would show up and do work on a garden without confirming it with someone, or even sending a reminder etc. Surely a real company would have sent a reminder to the person they'd made a contract with..

Why is it mean because it’s not the gardeners fault but it’s not mean that op has to pay - it’s not her fault either?

But she's the one with the nice tidy garden...? Obviously.

She didn’t want it though? She makes her own garden nice and tidy.

Half is a bit random, personally I'd say work out roughly what coming back to a nice garden with weeds out is worth to you and pay that much.
Maybe 20 quid would do it I would have thought.
Then you're being as reasonable as possible without paying for someone else's mistake.