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?

As an ex professional gardener I would never just rock up and work on one of the gardens where there was a winter break. Plus it's strange that it's the middle of may and they have only just come. I would have been back on my summer only gardens at the start of April.

so no don't pay, the gardener has to chase up the old owners and if necessary take them to court. He fulfilled his part of the contract. They need to pay him as they failed to cancel.

I fear it may be some time.

No we wouldn’t. In our case, we messaged asking if the house had sold over Winter. It had but the sale hadn’t completed so the owner asked us to carry on with our usual fortnightly visit. They said they would tell us when the sale had completed. We did our visits and messaged after each one as we usually do. After one visit, they messaged back to say that house had new owners. They immediately apologised for not telling us and paid the bill. I agree that communication in this case has been poor, but it was the responsibility of the previous owner to inform the gardener and to pay this bill in my view.

You absolutely do NOT have to pay him any money.

It's nice the previous owner has paid half but they also need to pay the other half. The gardener should be insisting they pay the full amount as they clearly have a contract.

Just politely say to the gardener that you appreciate his predicament, but you have spent a lot of money on gardening equipment to do this work yourself so did not require the service, and as he was employed by the previous owner, then he should be seeking the full amount from this person.

If you purchased in December, and it's now May, then I assume this gardener comes every 6 months?! So did he not notice the garden had been done recently?

As far as the gardener was aware, the contract was still in place. The OP is under no obligation to pay half. It's a civil matter. The poor OAPs were swindled by conmen. It's a criminal matter.

But both parties expected to pay for something they didn't ask for and shouldn’t have to pay for?

The circumstances are completely different. One might argue the OP only maybe morally obliged to pay. The OAPs are neither legally nor morally obliged.

I’m a gardener with my husband. For the two of us, we charge £105 for a 3 hour morning slot. We are in the North East. I think £500 is a lot! Maybe I’m out of touch with prices in other parts of the country!

I agree, although the gardener could have helped himself by messaging to ask about the sale, as you did. There's some chance, I believe, that a court might hold that as a reasonable grounds for the previous owner to withhold a part of the payment. But obviously that's all nothing to do with the OP.

Why is she morally obliged though?! She has nothing to do with the agreement and didn’t want it. She prefers doing her own gardening. There’s only a moral obligation if you’re a mug and don’t think the gardener should pursue the previous owners for the work they had the contract with the gardener for.

I would pay the half. Its not his fault he is in this position.

That’s generous. I hope the gardener says thank you when he receives your money.

It is partly his fault. After several months you should check to see if it is still required.

It isn't OP's fault that he didn't check.

If one might argue that the OP is morally obliged to pay, why haven't you actually come up with any halfway decent argument to show where that moral obligation comes from that isn't based on "oh, the poor gardener". The "poor gardener" might pull in three times as much money as the OP.

I lost some money the other day. It wasn't my fault, it was plainly this other person's. They've only given me half of it back though, would you pay me the other half?

I said she may be morally obliged. It's an omission on the part of the previous owner. The OP has hardly suffered a detriment. If he had changed the face of the garden, I might think differently. He's spruced it up.

🙄

Previous owners are liable. End of.

How can you possibly know whether she's "had a bargin"? For all you know he's pulled out a few weeds, spent ten minutes mowing a tiny patch of lawn that didn't need mowing as is now asking for £300.

I agree, but in my experience they dont check - I can see how this would happen. And the OP has the benefit of a tidied garden. I would be annoyed but with the previous owners, not him, and I would pay.

She has suffered a detriment because she’s had work done she didn’t want - she actually prefers to do it herself - and is now expected to pay for it.

OP didn't want the service, she is happy to tidy her garden herself. If they don't check, it's on them and a risk they take.

The OP hasn't had any benefit either! How many times do you need telling this! She didn't want it done, she does it herself.
The value we place on someone doing a job for us, even if that job needs doing, is very much dependent on how much we like or dislike that job and how much we value time compared to money. People who have gardeners dislike gardening and have more money than time. The OP doesn't. Therefore, no benefit accrued, certainly not a benefit that the fucking gardener gets to put a price on. Is that clear now, or do you want to go on again about people being in contracts with houses?

i wouldn't pay. If you didn't request the service you can't be expected to pay for it. Maybe I should set up a business going round moving peoples lawns when they are out and then demanding payment for it.

Jeez...have you got a voodoo doll of the gardener? Crikey.