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?

That’s disgraceful!! The trouble is, how do you prove a negative? As in, how do you prove something wasn’t done. I’d love to know what the other side said to convince the small claims court.

It is the previous owners who should be decent and pay for the work they commissioned. It is not the OPs responsibility to make up for someone else’s failure to be a decent person. And refusal to do so does not make her not a decent person.

The fact that there’s no contract between OP and the gardener isn’t determinative. There’s a principle called “quantum merit” (meaning “as much as he has deserved/earned”) that covers this situation.

In essence where someone has been unjustly enriched by receiving a benefit for which the provider can’t bring a claim in law (eg because there is no contract), the court has a discretion to order payment.

There are lots of summaries online but here is one from a reputable firm of solicitors: https://www.walkermorris.co.uk/comment-opinion/a-quantum-meruit-a-remedy-for-risk-takers/

I think the court would be likely to award something here. Notwithstanding OP might say “well it is not a benefit to me as I would have done it myself” the fact is she hasn’t had to and the court would recognise that.

Out of interest, how much are we talking about?

Those saying a gesture of 'good will' good will to who - the gardener she doesn't know and didn't ask to do any work for her or the previous owners she has paid to buy a house off and owes them no good will for their error. The fact that either of those parties consider you benefitted is a matter of opinion - you may well have not wanted things cutting/trimming etc and had plans that are now on hold.

I do feel sorry for the gardener a little bit - but surely he would arrange a day and time to come to do the work rather than just turn up unexpectedly? but the main blame is the previous owners who did not cancel.

For me it depends on the cost. I use a gardener on occasion and he charges 25 quid an hour and this is in Norfolk. South east would be dearer. So assuming he has spent a couple of days you might be looking at north of 600? I would settle as a goodwill gesture , but it would depend on the amount.

Not ‘poor gardener’: he’s running a business, part of which is managing customers, getting payment and contracts. If he’s failed to do that it’s his problem.

Why? She has no contract with this gardener.
Give me your address, I'll turn up unannounced and wash your car.
The bill is £100.

Actually, I’ve changed my mind from my previous post now I think about it. Don’t pay him. We have a window cleaner and when he started he gave us a card advertising his services. It’s kind of ugly but we keep it up on the front window so he knows we still want the service.

Tell him to ask the previous owners for the money and not to contact you again. Also advise him that he trespassed onto your land and damaged it which are both criminal offences. That should be enough to make him back off.

I’m not sure why so many PP’s are talking about you getting the benefit of the gardeners work. I’d be quite annoyed if a stranger turned up and mowed my lawn and weeded my garden as they are things I enjoy doing. It’s only a benefit if you wanted someone else to do those things.

I’m sure the neighbour who pays to trim my hedges thinks they’re doing me a favour to, but I actually quietly seethe about it as they do it even though I’ve asked them not to.

I might start turning up to PPs with stuff and leaving things I no longer want on their doorstep, then demand they pay half of the value as “they have the benefit” of said item, whether they wanted it or not!

As per my post a moment ago, they will have said it was a quantum meruit.

I am guessing this was a tenant asking for work to be done on a rented property. The answer’s the same: even if you say you would have painted the fence/living room yourself, or mended the washing machine, the fact is you didn’t. You have derived a benefit.

I wouldn't pay. And maybe get some cameras or a Ring doorbell!

Lol at all the replies saying you should cough up. No, the contract is/was between the previous owners and the service provider (gardener) so the financials are their responsibility to settle.

Pay the guy. Let's be honest, you have benefitted from it abd it's not his fault.

Legally, you're under no obligation to pay.

Morally, if you feel you've benefitted from it, then you could offer what you think it's worth to you - if you'd happily pay someone £10 to cut the lawn and do the weeding, you could pay them that. Note that I don't mean by benefited that you have a cut lawn - I mean more that you're really happy that someone else cut your lawn, and wish you had thought of hiring someone yourself. However if the level of benefit to you is a lot lower than the money are asking for, offering it is probably not going to help matters.

If she was doing no mow may, would it still be a benefit to the OP?

It is his fault.

@gardendramas5 - So is this the first time they've come since you bought the house? Mid-May seems quite late in the year to be starting, though we're in the south east of England so maybe gardens wake up for Spring later where you are.

If you're happy with the work and have the money, paying half is a nice gesture, however I'm also of the mind that you shouldn't feel any pangs of guilt for not paying, given it shouldn't have happened. It's really on the previous owner.

There's no benefit in having a service you didn't need. Not even in Latin.

The OP didn't have to do any of these things. And they may have wanted to do them themselves. I don't think courts are as stupid as you seem to believe.

@PorkyMcChubbington

It is his fault.

Yes! Because he didn't terminate the contract with the provider!

Previous owner arranged this and a needs to pay. The gardener also is being cheeky thinking they can pester you into paying, they know it’s not your responsibility and they shouldn’t be asking you for money for a job you haven’t arranged. They’re risking their own reputation asking you for this money too. If the ex owners won’t pay they take them to court for it. The ‘contract’ was with them not you.

Obviously don't pay.

This isn't your issue. It's nothing to do with you at all.

For those sympathising with the gardener, why? Normally when I've pre booked a service well in advance (oven clean, car valet, etc) I get a text reminder or email a few days before with the chance to cancel. That's good practice and maybe he will do that in future.

I wouldn't be paying him a penny. It's not your pigeon.

Huh?

@PorkyMcChubbington

I'm saying I agree with your post