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?

Note to self to check Insurance Policy but do Insurance Companies not realise burglars can climb over gates ?

I think its not just the burglars climbing over. I belive there have been problems with injuries incurred when people (children IIRC) have been able to wander into non secure gardens and eg play with tools or other dangerous stuff. I haven't googled hence this is a bit vague.

Haven't read all the posts so it may have been said, but if the previous owners had forgot to cancel any other service (electric/subscription whatever) I doubt people woukd think you should pay half so why should you in this instance? You are not BU.

@Another2Catshow does that work with a very open access to the rear? My parents access to the rear is the width of a wide drive. There literally wouldn’t be a place to put a gate. That’s not an uncommon set up

The decent thing would be the previous owners paying up. It was their mistake and nothing to do with OP.

I think most Public Liability is covered by home insurance and doesn’t specify locked back gardens.

However, we are straying a long way from whether the OP is unreasonable not to pay 50% of the gardener’s bill. I think the previous owners are being unreasonable not to pay 100%.

Legally you are right of course, it's the previous owners responsibility. Their mistake and they owe the money. It's in no way your fault.
But, but, but. They are meanly refusing to pay full whack and the gardener has saved you a lot of work, probably done to a high standard since he is a professional, and he'll be out of pocket. I would probably pay him something, if not the full half.

I think the old owners made a mistake, and the Gardener was acting in good faith. I have no idea what the law states, but as you've benefited from the gardeners work, ethically, you ought to pay. However you've only been asked to pay half. It sounds as though the old owners have been mature and reasonable about it, perhaps you could follow suit.

I don't think it's reasonable for them to expect OP to pay half. She didn't want the work done so it wasn't beneficial to her, it might not even be how she likes.

They made the mistake, they need to pay it.

I would just pay the half as you've come back to work done. Yes a misunderstanding but not the gardener's fault. Please save a big dispute with former owners and the gardeners having to fight it and lose money.

Will be a good thing to keep in their good books to continue.

I’d like to see a burglar, or a gardener, try to climb over my side gate - it’s got very tall, sharp spikes along the top 😆

It is quite simple, it is their contract with the gardener, not yours. No small claims court would expect you to pay, it is their legal obligation. Do not feel pressured. The gardener should take this up with the people who signed the contract. They are being CF to “offer to pay half”, there is no legal basis for “you got the benefit”.

This post is dividing opinions, and it's interesting!. Interesting to see how many people have a good heart and feel sorry for the gardener who's waiting for his money. It's also interesting seeing how many people who are saying not to pay half due to the technicality of not actually asked the gardener to do the work.
OP, I think you're not a very considerate person to even bring this to the forum. Of course you can disagree and refuse to pay, but you really have had the benefit of the gardener's work.
I would pay my half, that's just me.

Its a pretty big technicality! Do you always pay for work that you did not ask for, did not want, did not agree to and did not know was being done? Because if so, I'll be round monday!!

It isn't OP's half though because she didn't ask for or want it. I don't feel sorry for the gardener because after 5 months, it was his responsibility to check that the work was still wanted.

The previous owners are the inconsiderate ones and need to pay the rest of the money they owe.

With respect, unless she wants an overgrown garden, which apparently she doesn't, she has benefitted. I can't see how there are different styles in weeding or mowing the lawn, well not to the point that there is a reason not to pay I E. I didn't want stripes so I'm not paying. The others have acknowledged their mistake and paid half , of no benefit to themselves. If we have to be so technocratic about it, the unpaid gardener should put the cut grass spread over the lawn, and plant some bind weed and nettles in the beds. Put it back the way it was.

OP doesn't want the gardeners service and she didn't ask for it so she shouldn't have to pay for it.

Someone randomly coming in and doing something you didn't ask for isn't beneficial. Especially if they now expect payment.

The gardener could have also checked first because 5 months had passed so needs to take some responsibility and can't expect OP to pay for his mistake and the previous owners bad memory.

I'm wondering if it's technically "criminal damage" as in they've done stuff to your property that you did not authorise ?

I think you are fortunate they didn't do inadvertent damage to plants you had planted in an area they maintained in a previous way. Eg if they'd mown off bulbs or something?

Wrong.

Expecting a victim of trespassing and grifting to be grateful for the “benefit” is absurd.

Technicality? What the fuck?

So if a window washer rocks up, sprays your windows and then presents you with a bill, you’d pay it? What if a former house cleaner had a key to OP’s home and dropped in for a session? Or a painter decided to do her fence or garden shed ? Are you saying she should be grateful and pay them too?

How weak and silly to suggest this is anything but the former owner’s problem.

What utter hogwash. The former owners are trying to foist the cost of their error onto a totally innocent party.

This is between them and the gardener, who should consider himself lucky he isn’t being sued for trespass and damage.

No you should absolutely not be paying half. The previous owner has the responsibility to inform the gardener who they employed. Whether this is £5 or £50 it’s your money and your land. Whether you benefited or not, you might even enjoy gardening! The previous owner knows this and is trying their luck.
For anyone who is telling you to pay half, don’t listen. You are not obliged and no one knows your personal circumstances, this could be a lot of money and you could use it for something you genuinely need.
I don’t understand why after 2 years the gardener has come back, that part is very odd.

Yes legally it’s not your responsibility, You don’t say exactly how much money is involved but if the guy has done the work reasonably well and is asking a reasonable price for it (well half of that, in this case)I would say - pay him. Be the bigger person.

OP gardens and, I assume, enjoys it. Why on earth isn't he the one that should be the bigger person - apologising to OP and compensating her for her lost leisure activity?

Yes, you are correct , she shouldn't have to pay for it, but she should pay for it, or half of it. The gardening wasn't random, that would be weird, it was booked. It sounds as though the gardener was booked by the previous owner, indefinitely until informed otherwise. It's the old owners mistake, who are clearly expecting that the new owner will acknowledge their benefit yet also their unexpected cost and so offered to pay half. The new owner is unlikely to get a vast bill in any case and out of civility should pay half, not out of legal observation. If I saw somebody fall over in the street, I'd help them and possibly offer to buy them some refreshments if they were shaken, even if it would make me late and I didn't even ask them to fall over.