(1060) RESI claim case study - Local Authority Search-Emergency prohibition order

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Claim Case Study: Local Authority Search Emergency prohibition order Background A personal search company provided a Local Search to a purchaser of a property. The Local Search did not reveal that the property was subject to an Emergency Prohibition Order (“EPO�) which rendered it uninhabitable. The purchaser moved into the property and subsequently received a notice from the Local Authority stating that extensive work was required in order to comply with the EPO registered against the property.

Challenge Fortunately for the purchaser, they had obtained a Regulated Local Search. All Regulated Searches are required to adhere to the Search Code which requires suppliers to provide additional consumer protection to cover errors and omissions in the source data held at the Local Authority.

First Title accepted the claim and established with the insured what improvements would be required to the property for the EPO to be lifted. The insured provided a full breakdown of the works to be undertaken, and First Title made payment to the insured for the cost of those works.

Solution The insured then completed the works to the property and once approved, the Local Authority removed the EPO registered against the property. The insured was fully compensated by First Title under the terms of the policy for the cost involved in making the property lawful and habitable.

The Local Search in this case benefited from an insurance policy from First Title, which provided cover for loss arising from any adverse entry that should have been revealed by a Local Authority Search carried out directly with the Local Authority (had one been obtained on the policy date) but had not been made available to the personal search company at the time of their visit.

Call: +44 (0)207 160 8218 Email: online@firsttitle.co.uk Visit: www.firsttitleresidential.co.uk First Title Insurance plc is authorised by the Prudential Regulation Authority and regulated by the Financial Conduct Authority and the Prudential Regulation Authority. First Title Insurance plc is registered in England under company number 01112603. Registered office: First Title Insurance plc, ECA Court, 24-26 South Park, Sevenoaks, Kent TN13 1DU.

Leading Title Insurance 1060-0918


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