Abandon de recours (waiver of recourse)

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In short

An abandon de recours is a clause by which the owner of a property, and their insurer, give up the right to claim compensation from the tenant for certain damage. When it appears in a Belgian lease, it reduces the tenant's need for occupier liability cover. Check for it before you buy a policy.

Why you read the lease before insuring

Without a waiver of recourse, the landlord, or their insurer acting in their place, can pursue the tenant for damage caused to the building. Occupier liability cover then becomes indispensable rather than optional.

With the clause, that recourse is set aside for the damage it covers. The tenant can then concentrate on insuring their own contents, which lowers the cost of the policy.

Be careful about scope. The extent of the clause varies, it does not always cover every type of loss, and it never removes the need to insure your own belongings, which no policy of the landlord protects.

Frequently asked questions

Does a waiver of recourse mean I need no insurance at all?

No. It removes the landlord's claim for the damage it covers, but your own belongings remain uninsured and your liability towards third parties, neighbours in particular, still stands. Some cover remains necessary.

How do I know whether my lease contains this clause?

It appears in the section on insurance, usually towards the end of the lease. If it is absent or ambiguous, ask the landlord for written confirmation before you decide which policy to take out.

See also