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?

Was your case something involving the council where you were mandated to maintain something, didn't, then the council brought in a service to undertake the work and you were billed? As that can happen and that's different.

There is another legal remedy available; to pursue the other party to the contract for payment. That would have to have been exhausted first before any claim could bea made on OP.

You are not being unreasonable and have given the gardener the correct and polite response. The previous owner has full responsibility for this and has to pay in full.

You should not enter into any discussion or negotiations with either the gardener or the previous owner as you need to protect yourself from being drawn into any sort of entanglement or chance of creating the impression of having entered an agreement or tacit acknowledgement of responsibility by offering any amount of money as if payment for services.

You really have no idea who said what to whom or what communication there was before the gardener went to your house. You do not know what the previous owner could be up to or whether other events or similar things could turn up. Hence have no involvement in this.

Furthermore the gardener should not have come back to your house a second time to request money. If he comes back, request that he do not come to your house again.

(Not clear how he got in to do the gardening. Perhaps consider your security arrangements and have a locked gate or something.)

You have no idea if the previous owner actually agrees to pay half or not! They could have paid in full and the gardener is now trying it on with you.

Or he could be genuine.

Whilst you are not obligated to pay anything, there is the consideration that the gardener could be vindictive if genuinely out of packet and could return with weedkiller etc.

Personally I would not pay a penny and refer him back to the previous owner who should have terminated their contract with him.

what will you do if window cleaners turn up? Or an annual clean house guttering service? Or a tree surgeon that maintains the trees? All things that the previous owners could have hired annually!

You need to take a hard line and refuse to pay.

You have absolutely no idea of the circumstances of that case.

You bought the house in December.
How has this only just happened?
Where has the gardener been until now.
Surely he could tell the property was no longer empty

This.
Not informing the gardening contractor was their error and they should stand the full cost initially. They should not be sending the gardener back to you for the balance of his fee. CF!

Tell the gardener to fuck off.

You owe him nothing. You didnt contract his services ergo you are not liable.

The previous owners had the contract with him so they should pay up, not you.

Legally u don't have to pay him morally as humans we feel bad and think we should just pay after all its only half and it has saved you some time im sure if he did a good job. However as you have said you didn't want the service, you seem to enjoy gardening urself and would have happily done it urself. Id like to think if u say no and rightly so u didn't ask for the work to be done and contract isn't with u that the previous owners will pay the gardener the full amount. There probably changing their arm saying they go halves with you thinking ud feel guilty into saying u agree. I'm sorry but no I didn't ask for the service, I quite enjoy gardening and like to do it and also I may not even be able to afford half why should u be out of pocket for the previous owners mistake.

This.
It is on them.

At the end of the day if you don’t cancel a contract to something you don’t use you don’t get a refund. The same applies here and it should be on the previous owners to suck it up

Contract is with previous owners BUT if you have been doing it since December when you bought the property why has the gardener only appeared now? Sounds like a chancer. I wouldn't pay, you have no agreement with him. It's on the previous owners.

Well, no, it's not his fault - it's the previous owner's fault. They didn't tell him they'd sold the house and didn't end his contract, so he didn't know his services were no longer needed.

The OP shouldn't have to pay anything - the previous owner should pay. Neither the OP nor the gardener is at fault.

Has he tried to come between December and May??
Did they have him just in spring or something?

If I were you I’d pay and continue to pay for a nice garden

The contract is not with you. The gardener can either take the previous owner to a small claims court or write it off as a loss.

Not
Your
Problem

Have they agreed to pay half? You've only got his word for this.

I mean, legally, I think you're right.

However when the gardener turned up to what he expected to be an empty house that hadn't been visited for a few months and found it obviously occupied with a garden that was being looked after, you can argue he should have made some contact with someone. That's assuming it's a one man company though really, not just some guys sent to do the work with no idea of what to expect.

It doesn't matter.

Of course it's his fault. You check before providing the service, it's been at least six months, probably much more, since they carried out work there. They didn't make contact with either the previous or current owner...it is definitely partly their fault.

Seasons!

How much was the invoice ?

Mm..

Is it a small community where all the tradies know each other well and talk... if so, and its not a huge bill, I might consider paying it (and then seeking it back from the previous owner).

If not/if its a huge bill, no - the previous owner should have cancelled and the gardener should have checked before starting.

I also find it difficult to believe that he did not know the property had been sold, and was being maintained by the new buyer. He absolutely will have known it was up for sale after all!

I would definitely speak to the previous owner and find out what the full sum actually was, how much they paid and try to get them to pay the rest!

Not legally. He was contracted to provide a service in May, he came and did it. The person who contracted him, the previous owner, has to pay. He needs to be taking them to court, and he will win.

I think you should pay up. Of course you aren't legally obliged to and the old owners should pay the full amount . If they refuse then I think you should pay as a gesture of goodwill.