Gardener Charging more

Pri898

We hired a gardener to do some weeding and cleaning for out garden. He charged £150 and after doing half the job informed that he had to stop due to the wet weather but would restart once it got better. We understood and agreed that would be fine. Months went by and each time I called to find out when he would be coming he just kept on giving excuses. I then got annoyed and explained it was not acceptable and requested that he come by which he did. He then told us that it would be an additional £150 as he would use this to lay down the artificial grass we wanted. He spent two half days before leaving, the job still not completed. Today he came by and did the last bit of grass removal and said that we would have to buy the artificial grass ourselves and that it was not included in the £150 as the grass had grown. He is also now saying that he is owed £300 for the two half days that he spent. I am not willing to pay this as he has not done the work requested and the bit he has done has been done to a poor standard. He also did not throw away any of the rubbish and we ended up having to do that ourselves. In total I would have paid him £450 if I do pay the extra £300, I am willing to pay £150. Am I in the right to do this? 

m0bov

Paragraphs please, all sounds vague. Any contract or receipts?

Aylesbury_Duck

Pri898 said:

We hired a gardener to do some weeding and cleaning for out garden. He charged £150 and after doing half the job informed that he had to stop due to the wet weather but would restart once it got better. We understood and agreed that would be fine. Months went by and each time I called to find out when he would be coming he just kept on giving excuses. I then got annoyed and explained it was not acceptable and requested that he come by which he did. He then told us that it would be an additional £150 as he would use this to lay down the artificial grass we wanted. He spent two half days before leaving, the job still not completed. Today he came by and did the last bit of grass removal and said that we would have to buy the artificial grass ourselves and that it was not included in the £150 as the grass had grown. He is also now saying that he is owed £300 for the two half days that he spent. I am not willing to pay this as he has not done the work requested and the bit he has done has been done to a poor standard. He also did not throw away any of the rubbish and we ended up having to do that ourselves. In total I would have paid him £450 if I do pay the extra £300, I am willing to pay £150. Am I in the right to do this? 

It all depends on what you agreed.  It all sounds very casual.  As I see it:

- he quoted £150 to weed and clean your garden (job A) and I think you paid £150.
- he did half the job (so at that point he owed you £75 back or the other half of the job)
- he quoted an additional £150 for new work (job B - laying artificial grass is not weeding or cleaning, so new job, new price) and I don't think you paid him for that up-front.
- that job is only part done, too (let's say it's half done to make the maths easier, so I think you're even at this point - two half jobs for one full payment)
- he came back today and completes job A - meaning you owe him £75 for the half of job B he's done.
- he wants you to buy the artificial grass, which sounds fair enough, because job B was laying the grass, not supplying and laying it.
- now he's asking for £300 for two half days spent on job B, and I don't think you've paid him anything for that job yet.  Don't you only owe him £75 at this point?

As for throwing away the rubbish, that comes down to what you agreed.  Was it included or did you just assume it was?

Pri898

Aylesbury_Duck said:

Pri898 said:

We hired a gardener to do some weeding and cleaning for out garden. He charged £150 and after doing half the job informed that he had to stop due to the wet weather but would restart once it got better. We understood and agreed that would be fine. Months went by and each time I called to find out when he would be coming he just kept on giving excuses. I then got annoyed and explained it was not acceptable and requested that he come by which he did. He then told us that it would be an additional £150 as he would use this to lay down the artificial grass we wanted. He spent two half days before leaving, the job still not completed. Today he came by and did the last bit of grass removal and said that we would have to buy the artificial grass ourselves and that it was not included in the £150 as the grass had grown. He is also now saying that he is owed £300 for the two half days that he spent. I am not willing to pay this as he has not done the work requested and the bit he has done has been done to a poor standard. He also did not throw away any of the rubbish and we ended up having to do that ourselves. In total I would have paid him £450 if I do pay the extra £300, I am willing to pay £150. Am I in the right to do this? 

It all depends on what you agreed.  It all sounds very casual.  As I see it:

- he quoted £150 to weed and clean your garden (job A) and I think you paid £150.
- he did half the job (so at that point he owed you £75 back or the other half of the job)
- he quoted an additional £150 for new work (job B - laying artificial grass is not weeding or cleaning, so new job, new price) and I don't think you paid him for that up-front.
- that job is only part done, too (let's say it's half done to make the maths easier, so I think you're even at this point - two half jobs for one full payment)
- he came back today and completes job A - meaning you owe him £75 for the half of job B he's done.
- he wants you to buy the artificial grass, which sounds fair enough, because job B was laying the grass, not supplying and laying it.
- now he's asking for £300 for two half days spent on job B, and I don't think you've paid him anything for that job yet.  Don't you only owe him £75 at this point?

As for throwing away the rubbish, that comes down to what you agreed.  Was it included or did you just assume it was?

I paid £150 for the weeding and cleaning initially, he then originally quoted me the additional £150 to redo the weeding, purchase the grass and to lay it. This meaning that in total I would have paid £300 for both Job A and Job B to be completed. 

When we initially spoke he agreed to remove the rubbish as part of the job but after 'completing' the job he said he wouldn't be able to take it to the skip as the Van he was using was registered under his wife's name and did not have a skip licence meaning he would have to pay a skip fee if he were to take it.

In total I have paid him £300, I paid him £150 today as we had agreed I would pay when he had completed the weeding so he could use some of the money to buy the grass materials. He is now saying I owe an additional £150. From my understanding he is trying to recharge me £150 for the weeding and cleaning as it had regrown over the 3 month period in which he left the job incomplete, surely this is not my fault as he was the one who chose to leave it incomplete? 

JHW1942

It sounds like a mess.  If you don't think you owe him another £150, don't pay it.  It's then up to him if he wants to pursue it, but it sounds like a lot of he-said-she-said which isn't going to wash if he takes you to court.

sheramber

Did you get anything in writing?

Laz123

Don't pay him any more than you want. He's taking the pea. In my distant past I used to do garden maintenance, charging £12 ph in those days. I was a project worker for mental health homes and did this on my days off. Reliability is the key. He's let you down more than once.

"Fool me once, shame on you. Fool me twice shame on me."

Ask around for someone reliable.

Pollycat

Pri898 said:

I paid £150 for the weeding and cleaning initially, he then originally quoted me the additional £150 to redo the weeding, purchase the grass and to lay it. This meaning that in total I would have paid £300 for both Job A and Job B to be completed. 

When we initially spoke he agreed to remove the rubbish as part of the job but after 'completing' the job he said he wouldn't be able to take it to the skip as the Van he was using was registered under his wife's name and did not have a skip licence meaning he would have to pay a skip fee if he were to take it.

In total I have paid him £300, I paid him £150 today as we had agreed I would pay when he had completed the weeding so he could use some of the money to buy the grass materials. He is now saying I owe an additional £150. From my understanding he is trying to recharge me £150 for the weeding and cleaning as it had regrown over the 3 month period in which he left the job incomplete, surely this is not my fault as he was the one who chose to leave it incomplete? 

Quote in writing?

What did he mean by 'purchase' the grass?

What did you think he meant by 'purchase' the grass?

There is a difference between purchasing something on your behalf and 'supplying'.

It should all be very clear in the written quote what work and supplies you are paying him for.

the_lunatic_is_in_my_head

Assuming you didn't go to the traders place of business to initially agree the work, did they provide you with the information listed here on paper, email, etc:

https://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made

If not then you aren't bound by the contract.

born_again

So artificial grass to be laid correctly requires hardcore, packing down, then sand before the artificial grass is laid.