Can Trustees Lock Out a Tenant on the Access Control System?

Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice. Decisions relating to tenant occupation, access control, lease disputes, eviction, or the removal of access rights may have legal consequences. Trustees, owners, managing agents, and bodies corporate should obtain independent legal advice before taking any action that may affect a person’s access to or occupation of a unit. Prestige Access & Security Solutions accepts no liability for any loss, damages, legal action, or dispute arising from reliance on this article.

Introduction

In sectional title schemes and residential complexes, trustees are often asked by owners to deactivate a tenant’s access to the complex.

These requests typically arise where the owner alleges that the tenant has defaulted on rent, breached the lease agreement, or that the lease has ended. The owner may then request that trustees block the tenant’s remote, tag, biometric profile, or other access credentials.

At first glance, these requests may appear administrative. In practice, they can carry significant legal risk — particularly where there is a dispute between the owner and the tenant.

The Role of Access Control Management

Access control systems are designed to manage security and regulate authorised entry into a complex. They are not designed to enforce lease agreements or remove occupants from a unit.

Many bodies corporate appoint Prestige Access & Security Solutions to assist with managing users on access control systems. This includes loading new residents, removing users who have vacated, disabling lost remotes, and maintaining an accurate access database.

This service is typically provided seven days a week from 08:00 to 18:30, allowing trustees and residents to resolve access issues quickly — including after normal office hours and over weekends.

In many complexes, this service helps address delays and limitations experienced with managing agents, where access-related requests can be slow, overly administrative, or restricted to office hours.

Importantly, access control management is intended to support proper system administration — not to be used as a mechanism to enforce private disputes between owners and tenants.

The Reality: Trustees Are Not Always Given the Full Picture

In most cases, trustees are not immediately aware that a dispute exists between the owner and the tenant. The request may be presented as a simple instruction:

• “Please remove the tenant’s access”
• “The lease has ended”
• “The tenant is no longer authorised”

Trustees may reasonably assume that the matter has been properly resolved and that the tenant has vacated.

However, in some cases, it later becomes apparent that:

• The tenant is still occupying the unit;
• The tenant disputes the termination of the lease;
• The tenant has not vacated;
• The owner is attempting to force the tenant out.

When It Becomes Apparent That a Dispute Exists

If it becomes apparent to the trustees that there is a dispute between the owner and the tenant — particularly where the tenant is still in occupation — the situation changes materially.

At that point, any request to block access is no longer a routine administrative update. It becomes a decision that may interfere with a person’s ability to access their residence.

If trustees proceed with a lockout while being aware of the dispute, they may be seen as actively participating in an unlawful eviction or an unlawful restriction of access.

Implications for Trustees

Once trustees are aware — or reasonably should be aware — that:

• The tenant is still occupying the unit; and
• A dispute exists between the owner and tenant;

they must exercise caution before taking any action that restricts access.

Proceeding with a lockout in these circumstances may expose the Body Corporate and trustees to significant risk.

Potential Consequences of Proceeding With a Lockout

If trustees knowingly proceed with restricting access in a disputed situation, the consequences may include:

• An urgent demand to reinstate access;
• An urgent court application against the Body Corporate;
• Claims for damages;
• Legal costs;
• Complaints or action against trustees;
• Reputational damage within the scheme;
• Allegations that the Body Corporate assisted in an unlawful eviction.

The key risk is not only the action itself, but the fact that the trustees proceeded with knowledge of the dispute.

Practical Guidance for Trustees

When receiving a request from an owner to remove a tenant’s access, trustees should:

• Confirm whether the tenant has physically vacated the unit;
• Ask whether vacant possession has been returned;
• Be alert to any indication of a dispute;
• Do not assume that a lease has been lawfully terminated;
• Do not proceed with a lockout if the tenant is still in occupation and the matter is disputed;
• Advise the owner to follow the appropriate legal process where necessary;
• Seek legal advice if there is uncertainty.

When Access Can Be Safely Removed

Access control credentials may be removed where:

• The tenant has vacated the unit and this is confirmed;
• The owner confirms that vacant possession has been returned;
• There is no dispute regarding occupation;
• A valid court order or lawful instruction supports the removal;
• The access credential is lost or compromised and needs to be disabled.

Recommended Trustee Response to Owners

Trustees may respond as follows:

The Body Corporate cannot deactivate or restrict a tenant’s access where the tenant may still be occupying the unit or where there is a dispute between the owner and tenant. Matters relating to lease termination or eviction must be dealt with through the appropriate legal process. Once confirmation is provided that the unit is vacant, or a valid court order is supplied, the trustees can consider the appropriate access control update.

How Prestige Access & Security Solutions Supports Trustees

Prestige Access & Security Solutions supports bodies corporate by providing structured access control management services tailored to the realities of residential complexes.

This includes managing user access, assisting with onboarding and removals, and ensuring that access control systems are kept accurate and up to date.

With support available seven days a week from 08:00 to 18:30, trustees and residents are able to resolve access-related issues more efficiently, without relying solely on limited managing agent availability.

Where a request raises potential legal concerns — such as restricting access where occupation is disputed — Prestige does not act as an enforcement mechanism. Instead, trustees are encouraged to follow a cautious and legally defensible process.

Conclusion

Trustees are not always aware of the full circumstances when an owner requests that a tenant be locked out. However, once it becomes apparent that a dispute exists and the tenant remains in occupation, the situation must be treated with caution.

Proceeding with a lockout in those circumstances may expose the Body Corporate and trustees to legal risk.

The principle is clear: where occupation is disputed, access should not be restricted without proper legal basis.

A careful, structured, and informed approach protects all parties and ensures that access control systems are used correctly — as a security tool, not as a means of enforcing private disputes.