GANDHI v PHAM (Residential Tenancies)

The case before the Residential Tenancies Authority was an application by Amit Gandhi, the applicant, against Snug Technologies Pty Ltd and Kaylee Wang, the respondents. The applicant sought compensation for alleged misleading data about him on a tenant database, which was said to have been contributed to by the respondents. The applicant further alleged that the respondents had listed him before the end of his tenancy and that this had caused him significant harm.

The legal issues for determination were whether the respondents had breached the Residential Tenancies Act by providing misleading data on the tenant database and whether the listing of the applicant before the end of the tenancy was unlawful. The applicant also sought compensation for the harm suffered due to the alleged breaches.

The tribunal found that the respondents had indeed breached the Act by providing misleading data on the tenant database. It was held that the questions posed by the database proforma were misleading and had led to the collection of inaccurate information. The tribunal also found that the listing of the applicant before the end of the tenancy was retaliatory and unlawful. The applicant had taken actions against his lessor, and the listing was a form of retaliation. The tribunal awarded the applicant compensation for the harm suffered due to the breaches.

The tribunal ordered Snug Technologies Pty Ltd to remove all references to the applicant from its database and to pay compensation of $3,750. Kaylee Wang was ordered to pay $1,250 in compensation, and the respondent was ordered to pay $175.50. All payments were to be made by 8 March 2021.