Legal advice

• At some point in life most people have to make some reference to the law. Whether it be renting a house, trouble at work, sustaining injury through someone else's fault, exchanging faulty goods, or falling foul of the boys in blue most people find that occasionally they need to speak to a solicitor, or instruct a barrister.

• And most people find that about as pleasant at root canal surgery, because often, the time you most need a lawyer is when things go wrong. This page isn't designed to replace the advice of a solicitor, who will be able to advise you on how the law relates your particular and individual situation, but it'll give you some idea of where you stand in the eyes of the law.

• The best advice we can give is to keep your cool when trouble raises its, contact the Citizens Advice Bureau or Community Law Centre first for non criminal matters, and speak immediately to the duty solicitor if arrested. Insist on representation, do not accept bad service from lawyers any more than you would from a shop or doctor.

• Lawyers should be there to help you, not to make money from you.

FLATS, PROPERTY AND TROUBLE WITH THE LANDLORD

• The bottom line with private landlords is, I'm afraid, try and avoid them. Although agencies are more expensive there are none of the nightmare stories about dodgy plumbing and wiring, landlords overcharging, deposits going AWOL, and rows over rent.

• The nature of the agreements will of course vary, depending on the area and house. Decent student housing in the south is sometimes as much as three times more expensive than in the north, and with it will come other variations.

• To find out what obligations you have to your property, and what the landlord must do, all you have to do is look at your lease agreement - you do have a lease agreement don't you?

• Before you sign it, if you've got any worries about its legality, go to a Law Centre and ask them to check it over, that's free advice by trainee lawyers and trained caseworkers. If it's student housing, the college will always provide an officer to talk to. If in doubt, don't sign it. Once you sign any contract you are deemed to have read it and be bound by its terms.

• Usually the agreements are pretty straightforward. Those renting or leasing the property - the tenants - promise to keep it in a reasonable condition, that will involve normal housekeeping and repair of anything damaged; such as wine stained carpets, broken windows and suchlike. Failure to pay for this kind of damage can and usually will be taken from your deposit.

• Other parts of the building; such as the communal hallways of separately rented flats, wiring, plumbing and general structure are the landlord's responsibility. If there are faults, he or she ought to pay.

• Your landlord should provide you with a rent book, to keep a record of what has been paid. Insist on this. Whilst it's perfectly legal to pay cash (although there may be some dubious tax dealings behind it all) to save disputes about how much has been paid, try to pay the money into an account.

• Your landlord should give you 48 hours notice that he is going to visit. This is good practice and you should ensure that it is stuck to, to save from unwanted visits at all hours. Remember, you're renting, it's your private property for the time that you are paying rent. Further you should insist on separate locks on all bedroom doors, it's not a commune!

• IF IT ALL GOES WRONG: Go to the student housing officers, Law Center or Citizens Advice Bureau first, then a solicitor if you need to take action.

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PEACE AND QUIET

• Noisy neighbours don't have to be tolerated, they can easily be quietened by a call to the council's noise police if they prove consistently difficult. If this fails, you can take out a claim in private nuisance, the same will apply to water leaking through the ceiling from the flat above, constantly burning acrid materials next door and suchlike. Taking out a claim involves a visit to a solicitor to draft what are called ' particulars' - the details of what you say your claim is about. Such claims are dealt with in the small claims courts, and are usually done speedily.

• On the reverse side if you are a house party organiser be warned that although the police probably won't do much other than have a quiet word the first time [see below for advice on drugs] , you can risk being fined and having your amplifiers and speakers confiscated.

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SQUATTERS RIGHTS

• You're perfectly entitled to enter a disused property with or without the owner's consent. What you're not allowed to do is damage anything getting in there. That is criminal damage and is an offence for which you'll probably be fined - although persistent offenders do find themselves behind bars.

• Once you are in you can change the locks and live there, until the owner notices. You will be served with an eviction notice and given time to vacate the land, usually about 2 weeks, but it can be less. To buy yourself some more time, challenge it in court yourselves, but don't expect any great victories!

• The one hope, which has been in the news lately, is the 12 years rule. In law it's helpfully entitled prescription. What it means is that if you live in a property without using force, without hiding what you are doing and without the owner's permission, and you get away with doing it for 12 years, the property is yours.

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RAVES

• The much famed - Criminal Justice Act, makes the playing of repetitive beats outdoors at night a criminal offence. What with the mainstream clubs muscling in now there's little of the illegal rave about. However if you do decide to set one up be aware that the police have the power to seize equipment and can stop and search people they suspect to be en route to the party.

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AT WORK

• Your employer has numerous duties that are too many to list here. Primarily he/she should make ample provision for you to be able to work in a safe, comfortable environment. The Minimum Wage Act now guarantees that you should be paid £3.20 if you're aged 18 - 21 and £3.60 if you're over 21. Amounts may change however, so it's best to keep an eye on the Minimum Wage Act, and legislation made under it. You can find this in any reference library.

• There's also a limit to the amount of hours you can work, but this will depend on what kind of work you do. Most jobs require you to have an 8 hour break between shifts, and at least 20 minutes break every 4 hours. However, many employers, particularly in the catering field do not stick to this.

• Your contract will, of course, tell you more about what is expected from you. Any worries - consult a solicitor or a union representative who can offer free advice.

• What your employer must do is ensure that you are protected at work. The health and safety regulations should be displayed and explained in every place of work. Fire drills and first aid officers are mandatory. If you are injured through no fault of your own; if you are required to work without proper training or feel that you are being discriminated against on grounds of race, sex or sexual orientation, speak to your immediate manager first. If they don't help contact your union.

• If you are sacked without any warning, and feel that it really is through no fault of your own, you may have a claim for unfair dismissal. If your working conditions are such that you feel you cannot work and have to leave, you may have a claim for constructive dismissal. Do not suffer in silence. Tell a trusted fellow worker, then contact a solicitor.

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PERSONAL INJURY … OR THE AMBULANCE CHASERS

• If you are injured at work, on the road, in another person's property (non domestic), under the surgeon's knife, or by anyone that the courts have deemed owe you what's called a "duty of care" you may have a claim in personal injury.

• In assessing this the courts will look at how reasonably the person has behaved - have they put up signs warning you about steep stairs, lights on skips, wet floors etc? - and how you have behaved - were you drunk when you fell down those stairs? Were you not allowed to be on the premises in the first place? The degree to which you are contributorily negligent will reduce the amount you are given.

• See a solicitor as quickly as possible, take photographs of any injuries and also of the area where they happened. Be warned that the time limit for bringing personal injury claims is 3 years. The quicker you act the better.

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CRIME

• The police have very wide powers to stop and search, but that's not to say that they always use them properly. If you are stopped, the officer must have reasonable belief that he will find something. He/she cannot base this belief upon colour, creed or knowing that you have committed crime in the past.

• If you are stopped and found with illegal drugs, offensive weapons or the like, you will be asked questions. All you have to answer is your name and address. You will have to give an explanation as to your presence at the scene - I'm going home, I live here will usually do - and after that if the police wish to question you further, it becomes and interview. Interviews must take place in a police room, you must be cautioned, offered access to legal advice (take this, get a solicitor even if you think you've done nothing wrong) and must be taped.

• Before this though, you will have to be arrested. You can only be arrested for an arrestable offence. Running red lights and other minor driving offences are not arrestable offences (although drink driving can be). If you are arrested the police must tell you what you have been arrested for, with reasons, their names and the police station to which they are attached. Do not resist arrest.

• It is best not to say anything to the police until you have a solicitor present, regardless of what the police say. You also have the right to have someone informed and to consult the police codes of practice. If you do make any comments outside of the interview room, the police must write them down in their note books and offer you the chance to sign it.

• You can only be held in custody for a limited time, if the police wish to hold you for questioning for more than 36 hours they must apply to a magistrate's court.

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COURTS and SENTENCES

• All criminal cases will begin in the magistrate's courts. Apply for legal aid, which may allow you to gain access to solicitors and barristers without having to pay. There is a legal aid office at all magistrate's courts, if in any doubt go to the enquiries desk and ask. You will be directed to the duty solicitor, who will give you advice for free the first time. Once granted legal aid you can choose any solicitor you wish, although it is best to ensure that they are accredited by the legal aid board to give advice in criminal matters - there will be a legal aid sign in the window. If in doubt check with the Law Society. Legal Aid is granted on two tests: one to do with the offence itself - and how serious it is, the other is means tested on your income and assets.

• Most offences are "summary only" and will stay in the magistrate's courts. If the offence is more serious, and you wish to plead not guilty, you can choose jury trial, which will happen in the crown court - where judges and barristers wear wigs and gowns.

• All offences have their own sentences, and it would be pointless to go through them all here. However a general guide is as follows:

  • If you are charged with a minor offence, such as criminal damage (graffiti, smashing up bus stops), drunk and disorderly, or shoplifting, you will most likely escape with a fine the first time.

  • Following that the sentences go up in seriousness, through probation and community service to suspended sentences and finally imprisonment.

  • Theft from employers will usually get you custody.

  • Drugs, for personal use, if the police do charge you, will normally result in a fine the first time. If you are caught with more than is deemed personal, you could risk going to prison. The same is true for persistent offenders.

  • Drink related offences will normally end up with you being placed in a cell for the night to sober up, and nothing more.

  • Speeding penalties range from fines for minor offences to disqualification for travelling vastly in excess of the speed limit. Twelve points on your license will get you disqualified. Driving whilst disqualified can put you in prison.

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