You do not need a licence to quote for garden work. Consumer law does apply once a household hires you. Before you take your first booking, set up your quote, your written terms and your cancellation process.
The rules protect consumers, meaning individuals who buy for purposes mainly outside their own trade. A householder is a consumer. A customer that is a business, such as a property management company, is not.
The customer has a right to cancel without giving a reason when the contract is off-premises or at a distance. An off-premises contract is one you make while you and the customer are both physically present somewhere other than your business premises. The customer's home is the usual example, so a job you agree during a visit to their garden counts.
There is one exception for off-premises contracts. If the payment the customer has to make is £42 or less, the information and cancellation rules do not apply. The exception does not cover distance contracts.
A distance contract is a booking made with no face-to-face meeting, under an organised phone, email or website system for selling services. Both conditions must apply: the absence of a meeting alone is not enough. The summary below shows the rule, the exceptions and what happens to a deposit.
Set up your quote and contract
Work through these steps before the first booking. Then repeat steps 2 to 6 for every household job.
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1. Check who the customer is
Ask whether the customer is booking as a household or for a business. Treat every household customer as a consumer. For a business customer, use your own terms. The related guidance on late payment explains how to chase an unpaid business invoice.
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2. Write the quote
Visit the site, then put the quote in writing. Say what the job includes and excludes, the total price or how you will work it out, and any charge for waste removal, materials or equipment hire. If you cannot fix a price, say how you will calculate it.
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3. Give the pre-contract information before the customer agrees
Unless the off-premises job costs £42 or less, the regulations list the information the customer must have before they are bound. For a garden job it includes your name and geographic address, what you will do, the total price, how and when the customer pays, any deposit, and their cancellation right with a cancellation form. For an off-premises contract, give the information and the form on paper. You can use another durable medium, such as email, only if the customer agrees.
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4. Agree written terms
Set out the scope of work, the start date or period, the price, the deposit, the payment dates, what happens if weather or access delays the job, and how the customer can complain. Keep every term fair. Your terms cannot remove the standards your work must meet.
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5. Record any request to start early
If the customer wants work to start before the cancellation period ends, ask them to say so in writing, for example by email or on a signed form. For an off-premises contract the request must be on a durable medium, and a signed form or an email meets that. Keep the request with the job file. Do not start work inside the cancellation period without it. The right to cancel ends only when you have fully performed the service, and only if the customer first asked you to start and acknowledged that they lose the right once you have done so.
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6. Confirm the contract before work starts
Send the customer a copy or confirmation of the contract on paper. You can use another durable medium, such as email, only if the customer agrees. Include the agreed price, deposit and start date, and any early start request.
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7. Handle a cancellation
Accept any clear statement that the customer is cancelling. They do not have to use your form. Stop work, reply in writing and refund every payment, including the deposit. Deduct only the amount the summary above allows for work done after an early start request.
Take and keep a deposit
A deposit is a payment under the contract, so the cancellation right covers it. A customer who cancels in time gets it back, whatever your terms say.
Set the deposit at a level that reflects costs you cannot avoid, such as plants or materials you order for the job. A term that lets you keep a deposit whatever the reason is likely to be unfair. Part 2 of the Consumer Rights Act 2015 tests the fairness of deposit terms. For the test and examples, see Charge no-show fees and keep customer deposits
Meet the standards for the work
Your quote does not change what the customer can expect. The Consumer Rights Act 2015 writes standards into every consumer service contract, and a term that removes them has no effect. A line on your quote saying all work is at the customer's risk does not limit your duty of care and skill.
Handle common problems
These situations come up often in garden work:
- if you quoted at the customer's home and they accepted later by phone or email, assume the right applies unless you have checked that it does not
- if a customer cancels in time after you have ordered plants or materials, you cannot add your own cancellation fee and can keep only the proportionate payment for work done after an early start request
- if a customer specifically asks you to visit for an urgent repair, such as making a storm-damaged fence safe, the urgent work falls outside the right, but other services agreed on the same visit do not
- if the customer says the finished work is poor, they can ask you to repeat it or to reduce the price
For poor-work remedies in full, see Consumer rights compliance for service providers.
What to do next
For the full off-premises rules, including the information list in detail, see Distance and off-premises selling requirements. Check your written terms against Avoiding unfair terms in consumer contracts. For cover for work in customers' gardens, see Business insurance: what you need.
For the rules on waste, pesticides, hedges and trees, see Meet your gardening and landscaping duties. The whole start-up path is in Start a gardening or landscaping business.
Legal basis
Primary legislation and key regulations
Related Guvnor guides
Start a gardening or landscaping business
Meet your gardening and landscaping duties
Consumer rights compliance for service providers
Distance and off-premises selling requirements
Late payment: your rights as a business
Official guidance
Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (opens in a new tab)
legislation.gov.uk
Consumer Rights Act 2015, Part 1 Chapter 4 (services) (opens in a new tab)
legislation.gov.uk
Writing a fair contract for customers (opens in a new tab)
GOV.UK
Business Companion: consumer contracts and distance sales (opens in a new tab)
Business Companion