You and the Law – 6th October 2009

Wife preventing
home exchange

My wife left me two years ago, but although she has made it clear she has no intention of coming back, she will not sign her name off the rent card for our council house. 

I want to move to be nearer my family, but until I get this cleared up I can’t exchange properties.  Is there any advice you can give?  AL

The council can’t end the joint tenancy of your council property without your wife’s permission, unless you can either prove that she has vanished without trace or you obtain a court order. 

If you have been separated two years probably the best way of resolving this would be to obtain a divorce.
You could then ask the court to make a property adjustment order in your favour.

DVLA refuses to
renew licence

I have received regular treatment for glaucoma for several years, but recently the DVLA turned down my application to renew my driving licence.  I understand that I can contest the issue in court, but I am having problems finding someone experienced in this field to make a presentation to the DVLA. 

I believe my eyesight is more than adequate for safe driving and, since I am heavily involved in charity work, I need my car.  WH

What you need at this stage more than an experienced lawyer is an eyesight test that confirms that you can see well enough to drive.  Medical staff at the DVLA will have based their decision either on a test submitted by your own consultant or after sending you to see one of their recommended opticians.

If you don’t agree with their findings you should seek a second opinion from another optician on the recommended list.  If the result is favourable you have a right to appeal against the DVLA’s decision by way of complaint within six months to a magistrates’ court.

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