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?

Gardener’s contract is with the previous owner. Managing his business and contracts is his problem. He shouldn’t have approached you seeking any money.

Thanks for all your replies, it seems like a mixed bag of opinions.

I don’t want to pay because I never asked for this work to be done, didn’t have an agreement with the gardener and I think it’s the sellers fault for not telling him. I spent quite a lot of money on a new lawn mower / gardening tools in March which I have already used and intend to use for the foreseeable. I already know a gardener who worked for me previously at my old house. If in the future I decide I don’t want to do the work myself, it’s him that I will use but for now I’d prefer to do it myself and save money.

It’s a tricky one. Legally of course the contract is with the previous owners and you are under no obligation to pay, but I think a lot depends on a) the quality of the work and b) whether you think you would possibly ever employ the gardener again on your own contract.

If the answers are “good and yes” then pay half and be thankful you have found a decent gardener, if the answers are “rubbish and no” then say you are sorry but the contract lies with the previous owners.

I would also consider if he is local and has connections in the neighbourhood , you don’t want garden gate to blight all your social relationships in a new area. It might be politic to bite the bullet and pay half. Like I said, tricky!

I agree that he may be trying to pull a fast one.

I also agree, as a gardener that I'd be pretty upset if someone turned up and messed with my garden. I know this likely isn't the case here as OP hasn't said but I have lots of annuals in the ground that may look like weeds to someone inexperienced.

I'd tell him to jog in. If he is genuine then maybe he can learn from this to double check ongoing contracts before starting again so late in the year.

So the gardener hadn’t been since last year, but didn’t think to check with the homeowner that they still wanted their lawn mowed? Yeah, it’s between him and the previous owner.

But you should change the locks and padlock the garden, especially as the house used to be a rental and the seller was awkward. You never know who’s got keys. We were in a similar situation when we bought our house, and the first thing I did was change the locks on all external doors and installed a latch on the garden gate. It’s very easy, just watch a YouTube video.

I don't think you have any responsibility here. The contract is between the gardener and the previous owners - nothing to do with you. You've been polite but firm - absolutely fair enough. Also, for those saying you've benefitted from the service - have you really? I don't think so. You moved in in December, and the gardener first visited you in May - you've already done a lot of a lot of work in the garden in the intervening five months. You sound more than capable, and a gardener who visits the property every five months is hardly a treasure.

If it wasn’t a financial hardship I’d pay it as I’d just feel badly not doing it - and I’d be happy to have a weekend off the work, particularly with the gorgeous weather lately. But you aren’t obliged.

If I had contact details for the previous owners I'd be checking it wasnt a scam. If genuine I'd say I'm sorry I wasnt here so didnt know in time to stop you but I dont want help tending the garden. I didnt ask for this so I wont pay for it.

Stupid auto correct - 'feed her children' not 'feed her charity'.

The contract is between the original owner and the gardener.
The original owners have no right to expect somebody else to pay on their contract. I would tell the gardener you are quite prepared to explain that to them if they want to get in touch with you and to encourage them to meet the terms of their contract.

If it were me in your shoes, I would make sure the gardener gets the whole amount from them and then make it up to him with a small token gift of some sort that he might appreciate. He has been back and forth rather a lot and you never know when you might need him in the future. And I’m sure your garden looks lovely after his work.

He may have been chancing his luck! The gardener should have checked it was ok to do the work. You don't just turn up unannounced after x many months, do work and expect the owner just to pay up.

Whilst I do have some sympathy for the gardener, I don’t think you should pay anything towards the cost of the work. I would be furious if someone came in and did any work in my garden without my permission.

Also your house doesn't sound very secure if the gardener could just wander round the back with his mower.

Bollocks to that. She didn't ask them to do the work, she didn't agree to their price, there's no indication she wanted it done at all
She owes them nothing. The previous owners need to be decent people and pay the people they contracted to do the work.

Rather daft of him not to check as well. Anything could have happened in the last six months/year, he shouldn't have done the work without making sure.

That’s outrageous! Did they say why it was you who had to pay and not the person that ordered the work?

I do feel sorry for him but his contract is with the previous owner and not you.
If you are happy to do the gardening going forward then he needs to take it up with the previous owner. However if you think that you will need garden work done in future then I would probably pay. It is hard to get good tradepeople.

I wouldn't pay him. His contract was with a third party, not OP. (And she doesn't know that he is actually being truthful about the previous owners only offering to pay half the bill - they may have settled in full realising that it's their error and the gardener is taking advantage. Unlikely, but possible.)

It's irrelevant that OP has benefitted from his visit, she didn't instruct him to do it so it's not on her.

I'd also be peed off if someone did work in my garden without my knowledge, they don't know what I'd want doing and what I'd want leaving alone. And a lot of so-called gardeners aren't that great either, lacking knowledge about timing of pruning and not trimming lawn edges for example.

I wonder if he knew very well that there was a new owner, but thought that he could just keep the regular job - without ever reasoning that the new owner might not want to pay him for it; going on the basis that, from his perspective, nothing had changed except for a new bill-payer.

Maybe he presumptuously reckoned that, if he asked first, she might say No; but if he went ahead and did it, and she was so impressed by his work, she would gladly pay up and keep him coming back in future.

After all, there are people on this thread saying that OP should pay if she can - at least something - out of pity for the gardener.

The big flaw with that, though, is that it's totally irrelevant how good or bad his work is, if it hasn't ever been agreed and isn't wanted by the new householder.

In this situation I would pay half. Yes it was the previous owners mistake, but you are the one benefiting from the work even if you didn't want/need/ask for it to be done. Just a shit situation, but the person who did it shouldn't be out of pocket so as a gesture of good will I would pay up if I could afford too. I wouldn't be happy about it though.

The poor gardener though, stuck in the middle. I know this sucks but could you pay half just this one time? The ex-owners are 100% in the wrong but at least they’re offering something 🤷‍♀️

His contract is with the previous owners.

He actually had no right to come onto your land, let alone make alterations to it.

But it is May now. So why was that his first visit, conveniently while you were absent?

Was it just during your holiday week? If so, I would pay the half. You were on holiday so there would have been growth during that time so in effect it has saved you some work.

I don't believe this.

If this were the case tradespeople could reasonably just start carrying out a job on your property, without you asking, and reasonably then expect to bill your for it.

Eg a window cleaner looking for more work could just clean someone's windows without being asked then bill them.

No court insisted you had to pay for work you did not commission, unless you actively engaged with them on arrival and clearly we're happy to have the work done.

I would get the previous owners to pay it as it isn't your issue they are so disorganised, but depending on how much it is (if it isn't exorbitant) I'd pay half as if feel sorry for the poor gardner