LAID DOWN IN ARTICLE 16 ( 1 ), WHICH HAS THE ADVANTAGE OF PROVIDING FOR A CLEAR AND CERTAIN ATTRIBUTION OF JURISDICTION COVERING ALL CIRCUMSTANCES , THUS FULFILLING THE PURPOSE OF THE CONVENTION , WHICH IS TO ASSIGN JURISDICTION IN A CERTAIN AND PREDICTABLE WAY .
24 IT FOLLOWS THAT THE PROVISION IN QUESTION APPLIES TO ALL TENANCIES OF IMMOVABLE PROPERTY IRRESPECTIVE OF THEIR SPECIAL CHARACTERISTICS .
25 THE REPLY TO THE FIRST QUESTION MUST THEREFORE BE THAT ARTICLE 16 ( 1 ) OF THE CONVENTION APPLIES TO ALL LETTINGS OF IMMOVABLE PROPERTY , EVEN FOR A SHORT TERM AND EVEN WHERE THEY RELATE ONLY TO THE USE AND OCCUPATION OF A HOLIDAY HOME .
26 WITH REGARD TO THE SECOND QUESTION , IT MUST BE NOTED THAT THE CONVENTION GRANTS EXCLUSIVE JURISDICTION ' IN PROCEEDINGS WHICH HAVE AS THEIR OBJECT . . . TENANCIES OF IMMOVABLE PROPERTY ' . IN ITS JUDGMENT IN SANDERS V VAN DER PUTTE , CITED ABOVE , THE COURT CONSIDERED THAT THAT EXPRESSION COVERS DISPUTES BETWEEN LANDLORDS AND TENANTS AS TO THE EXISTENCE OR THE INTERPRETATION OF LEASES OR TO COMPENSATION FOR DAMAGE CAUSED BY THE TENANT . THE COURT MUST POINT OUT THAT THAT LIST IS NOT EXHAUSTIVE . THE GOVERNMENT OF THE ITALIAN REPUBLIC IS RIGHT IN ARGUING THAT DISPUTES CONCERNING THE PAYMENT OF RENT FALL UNDER THAT EXCLUSIVE JURISDICTION . IT WOULD IN FACT BE CONTRARY TO ONE OF THE AIMS OF THE PROVISION IN QUESTION , NAMELY THE CORRECT APPLICATION OF NATIONAL LEGISLATION ON TENANCIES , TO EXCLUDE FROM THAT EXCLUSIVE JURISDICTION DISPUTES WHICH ARE , IN SOME MEMBER STATES AT LEAST , GOVERNED BY SPECIAL LEGISLATION , SUCH AS THE ITALIAN ' FAIR RENT ' LEGISLATION .
27 LEASES GENERALLY CONTAIN TERMS CONCERNING ENTRY INTO POSSESSION BY THE TENANT , THE USE TO WHICH THE PROPERTY IS TO BE PUT , THE OBLIGATIONS OF THE LANDLORD AND TENANT REGARDING THE MAINTENANCE OF THE PROPERTY , THE DURATION OF THE LEASE AND THE GIVING UP OF POSSESSION TO THE LANDLORD , THE RENT AND THE INCIDENTAL CHARGES TO BE PAID BY THE TENANT , SUCH AS WATER , GAS AND ELECTRICITY CHARGES .
28 DISPUTES CONCERNING THE OBLIGATIONS OF THE LANDLORD OR OF THE TENANT UNDER THE LEASE COME WITHIN THE AMBIT OF ARTICLE 16 ( 1 ) OF THE CONVENTION , BEING ' PROCEEDINGS WHICH HAVE AS THEIR OBJECT . . . TENANCIES OF IMMOVABLE PROPERTY ' . ON THE OTHER HAND , DISPUTES WHICH ARE ONLY INDIRECTLY RELATED TO THE USE OF THE PROPERTY LET , SUCH AS THOSE CONCERNING THE LOSS OF HOLIDAY ENJOYMENT AND TRAVEL EXPENSES , DO NOT FALL WITHIN THE EXCLUSIVE JURISDICTION CONFERRED BY THAT ARTICLE .
29 THE REPLY TO THE SECOND QUESTION MUST THEREFORE BE THAT ANY DISPUTE CONCERNING THE EXISTENCE OF TENANCIES OR THE INTERPRETATION OF THE TERMS THEREOF , THEIR DURATION , THE GIVING UP OF POSSESSION TO THE LANDLORD , THE REPAIRING OF DAMAGE CAUSED BY THE TENANT OR