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?

If she pays, then he is the one benefiting and op losing out.

I would pay half.

Are you in the habit of paying for things that you didn't order? Because I am not, and nor should the OP be. It doesn't matter who "benefitted" - the contract is between the gardener and the previous owner. They are responsible for the whole bill and have to pay it.

Whose fault is it?

If the OP was keeping the garden tidy themselves, as they say they were, the yearly visit these gardeners seem to make probably didn't even need to happen.

Even though the OP maintains the garden themselves and it probaly didn't even need doing?

I would not pay. It's an issue between the previous owner and the gardener. I feel sorry for him but it's not OP's problem.

For me it would depend on how much money it is - surely can't be that much for a few hours works, and even if I didn't request the work to be done. If it had actually saved me some hassle and ticked a job off the list (ie weeding and mowing the lawn) then I would just pay

100% the owners need to pay, they booked it, they should have cancelled with sufficient notice. I can see why you feel awkward about it though.

No way would I pay. I would be concerned about some stranger doing work I never asked for on my property without my permission/knowledge!

And by the way the doctrine only covers genuine mistakes, for anyone who’s wondering. The following example wouldn’t be covered because it’s someone deliberately trying to engineer the situation.

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!

YANBU, as you rightly say, you didn't ask the gardener to do it (previous owners did) and so you shouldn't pay for it
BUT
If they did a good job, would you consider using them again?
f so, make a deal - 4 visits for the price of 4 sort of thing - for them to do more work for you?

This is so odd. I have regular seasonal work on my house and not one service has ever just assumed and turned up. Also, who is the invoice addressed to? A contractor will address it to Mr and Mrs Smith, house address.

So you're saying this person turned up, did the work without a by-your-leave then came back and knocked on the door to give the invoice? None of this makes sense. The invoice would have been emailed or possibly put through the door at time of service, addressed to the client.

There are two parties at fault here (previous owners and the gardener). This is not your problem.

While I feel very sorry for the gardener, it is the previous owners mistake and they need to pay the bill in full.

Along the lines of the person who ordered the work was was acting in good faith (believed they held some sort of right/responsibility) and the person who carried out the work believed that the say-so of the person ordering it was sufficient. We made the point that on that basis anyone could order anything to be done to someone else’s property and leave them with the bill, but that didn’t convince the county court.

The OP has said they do it themselves, if they wanted to pay for a gardener I'm sure they were aware such services were available.

I really don’t think any court would even consider granting this, it would imply that a tradesman could randomly come to any house and do work and then bill the owner. Quantum Meruit is far more about cases where there is an implied contract, or certainly co-operation or collaboration between the parties. If OP had been there, chatted to the gardener and not tried to stop him then maybe, as she would have implicitly accepted the contract. But she had no contract, wasn’t there, and had no warning. So no, I certainly wouldn’t pay.

I’m a gardener and have been in a similar position. In my view, you shouldn’t pay. The previous owners should pay. They should have informed the gardener and cancelled the arrangement. If you want to, you could pay something but, when it happened to us, we pursued it with the previous owners.

In this case did the person who ordered the service believe in good faith that they were acting as your agent, or did they believe they owned the property?

Disbelieve it all you like, it happened. Your argument about the tradesman is exactly the argument we put in defence but lost.

As a gardener would you turn up for a service after presumably at least six months of no contact without speaking to anyone first?

There's no point in saying what we would do. We're all different.

I personally would be happy I didn't have to think of the garden yet and pay half but it really isn't your responsibility to pay him. They fucked up.

Plus some people are stroppy fuckers and trash their work if they don't get paid. I couldn't be arsed.

That surprises me less. My gardener stops in November and turns back up again in April, never get any notice. Similarly the window cleaner just turns up every four months.

How did he access your property personally and also with equipment and for waste disposal?

Have you changed locks, codes, etc. throughout the property?

What other arrangements might the previous owners have had in place?

I wouldn't pay him as he wasn't working for me. I might offer to support him in claiming his payment from previous owners. I certainly would ask my lawyer to give the previous owners a bollocking and possibly demand a list of who ever has had access to keys and codes and so on and whether these have been retrieved.

What's next, coming in and finding painters and decorators for the annual Christmas refresh the old lot forgot to cancel?!

There is another poster on this thread who ran precisely the argument you raise here - and lost. See screenshot.

You say quantum meruit is “far more about cases where there is an implied contract” - sorry but that’s balls. If the factual circumstances are such that the court can conclude there was a contract, then the doctrine doesn’t apply. It’s for situations where there is no contract and no legal remedy would otherwise be available.

I don't think you read your own link properly, as it seems clear to me that a court would NOT award the gardener in this instance.