A Big Shift in NSW Rental Law
From 19 May 2025, new laws in NSW will make it easier for tenants to request permission to keep pets in their homes — and harder for landlords to say no without good reason.
If you’re a property owner, landlord, tenant or part of a strata committee, it’s important to understand what’s changing and what your rights and responsibilities will be under the updated Residential Tenancies Act 2010 (NSW). These reforms are designed to make rental housing more pet-friendly across the state, while still protecting property owners from unfair damage or risk.
Under the new laws:
- Tenants can make a formal request to keep a pet at the property.
- Landlords must respond within 21 days with written consent, conditions, or a valid refusal.
- If the landlord doesn’t respond in time, consent is automatically granted.
- Once consent is given, it remains valid for the life of the pet, even if the property is sold.
- Additional rent, pet bonds or “no pets” advertising will no longer be allowed.
- Tenants can challenge unfair refusals or conditions through the NSW Civil and Administrative Tribunal (NCAT).
What This Means for Tenants
If you’re renting in NSW and want to bring a pet into your home, this new law puts you in a much stronger position. Here’s how it works:
1. You’ll Need to Make a Formal Request
You’ll need to submit a written request to your landlord (or agent) with details of your pet — including type, breed, and how it will be cared for. There will be a standard form provided by NSW Fair Trading.
2. Your Landlord Must Reply Within 21 Days
They can:
- Approve your request unconditionally;
- Approve it with reasonable conditions (e.g. a requirement for professional carpet cleaning or fumigation if needed);
- Refuse it — but only on specific legal grounds.
If they don’t respond, you get automatic consent.
3. If You’re Refused, You Can Challenge It
If you believe the refusal or conditions are unreasonable, you can apply to NCAT for a decision.
4. Assistance Animals Are Always Allowed
You do not need consent for certified assistance animals — they are protected by law.
What This Means for Landlords
If you own an investment property, these changes narrow your ability to say no to pets — but they don’t remove it entirely.
You can still refuse permission if:
- The pet is unsuitable for the property
- There’s a real risk of damage exceeding the bond.
- You, as the landlord, actually live in the property.
- Keeping the pet would breach a law or council regulation, or go against existing strata by-laws.
- The request would result in too many animals being kept at the property.
You Cannot:
- Increase the rent because of the pet.
- Require a special pet bond.
- Advertise the property as “no pets allowed”.
If you do, you could face penalties under NSW Fair Trading legislation.
What About Strata Buildings?
If your property is part of a strata scheme, there’s another layer to consider. Strata by-laws may place certain limits on pets, such as size, type, or number. However:
- Blanket bans on pets are no longer valid.
- Strata committees can still enforce reasonable by-laws.
- If a landlord gives pet approval, but a strata by-law is in conflict, the matter may need to go to mediation or NCAT.
Practical Tips for Owners and Tenants
For Tenants:
- Be honest and thorough in your request.
- Offer solutions upfront.
- Be respectful of strata rules.
- Know your rights.
For Landlords:
- Respond to pet requests within 21 days.
- Review rental agreements and advertising.
- Avoid unfair conditions.
- Check insurance coverage.
For Strata Committees:
- Review by-laws.
- Communicate pet rules.
- Be prepared for more pet applications.
- Use mediation before legal steps.
Final Thoughts
These changes reflect a clear shift in the NSW rental market: pets are becoming part of the norm. As a landlord, it’s no longer enough to simply say “no pets” — your refusal needs to be grounded in reason and law. As a tenant, you now have a clear pathway to seek permission, with strong protections if your request is mishandled.
If you’re unsure how these changes apply to your situation — especially in a strata context — it’s worth speaking to your strata manager or legal advisor.
Need help navigating pets and strata?
At The Strata Collective, we specialise in helping strata schemes in Sydney manage change, maintain harmony and stay compliant with NSW laws. Whether you're a landlord, committee member or resident, we’re here to support you.