Changes to NSW Pet Rental Laws

 

Following the NSW Parliament’s passage of the Residential Tenancies Amendment (Protection of Personal Information) Act 2026, changes to the pet approval process took effect on 2 October 2026, introducing new timeframes for tenants seeking consent to keep a pet when entering into a residential tenancy agreement.

NSW Fair Trading has also released updated versions of the Landlord Information Statement, Tenant Information Statement, and Pet Application and Response Form. Property managers must ensure they use the current forms available on the NSW Fair Trading website and that relevant staff understand the new requirements and timeframes.

General Consent Requirements

Tenants must obtain the landlord’s consent to keep an animal, except for an assistance animal. Tenants must submit their request using the approved Pet Application Form, and the landlord must respond in writing using the approved response form within 21 days.

If the landlord fails to respond within the required timeframe, consent is automatically granted without conditions. Under section 73F of the Residential Tenancies Act 2010 (NSW), the landlord may refuse consent only on prescribed grounds. Under section 73E, the landlord may impose reasonable conditions which are permitted by the Act.

What are the Key Changes – Section 73B

Under Section 73B of The Residential Tenancies Act 2010 (NSW) if a tenant applies for consent within 7 days of entering into the residential tenancy agreement, they may keep the animal while waiting for the landlord’s written response.

If consent is refused, the tenant may keep the animal for a further 21 days after receiving the written refusal. If the tenant applies to the NSW Civil and Administrative Tribunal (NCAT) within the 21 days to challenge the refusal, they may keep the animal while the application is being considered.

Following the relevant NCAT decision or withdrawal of the application, the tenant may keep the animal until the applicable period has ended.

If the tenant does not apply within 7 days of entering into the tenancy agreement, the landlord’s consent must be obtained before the animal is kept at the property.

Landlords’ and agents’ responsibilities for advertisements

Under NSW rental laws, landlords cannot blanket-ban pets or provide vague reasons such as “owner prefers no animals”. They can only refuse a pet application based on specific, valid grounds as outlined in the Act.

Furthermore, a tenant cannot be charged a fee or higher bond for keeping a pet.

Landlords can however set sensible conditions for tenants with pets, such as requiring professional carpet cleaning or flea treatment when vacating, provided these are explicitly stated at the beginning of the new tenancy. There has been no change to these rulings, since they were introduced on 19 May 2025.

Agents and landlords, should familiarise themselves with the new changes to prevent any unnecessary complications and reduce the likelihood of NCAT applications initiated by tenants challenging pet refusal decisions.

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