NSW Fair Trading says the rules for tenants moving into a new rental with a pet changed from 2 October 2026. A tenant who applies for the landlord's consent within 7 days after entering into the tenancy agreement can keep the pet at the property while waiting for the landlord's written response.
The change is narrow, but it matters in the first week of a tenancy. Property managers now need a cleaner record of when the tenancy agreement was entered into, when the pet application was received, when the response period started, and what was sent back to the tenant.
REINSW flagged the pets change in its 2 October industry update on the latest NSW rental reforms, noting that it starts ahead of most of the privacy and advertising reforms passed in the same package.
Start with the dates
The file should make the sequence obvious. Record the agreement date, the date the tenant gave the pet application to the landlord or agent, and the response due date. NSW Fair Trading's guidance says the landlord has 21 days to respond, and that the timeframe starts the day after the application is given.
If there is no written response within 21 days after the application is given, the pet is approved without conditions. That makes inbox handling part of the compliance process. A pet request should not sit as a general leasing email that only one staff member is watching.
Use the form, not a casual reply
NSW tenants can apply using the standard pet application form, and landlords must give their response using the same form. If the answer is yes with conditions, list the conditions in the response. If the answer is no, give the reasons and explain why those reasons apply.
Keep the application form, response form, delivery record and any supporting notes together. A short internal note can help later: what was checked, who gave instructions, and whether strata, council or property-specific issues were considered.
Refusal reasons need evidence
Landlords can only refuse a pet for specific reasons. NSW Fair Trading's guidance includes examples such as an unreasonable number of animals, inappropriate fencing, not enough open space, the animal not being able to be kept humanely, a high probability of damage above the bond, a law or by-law that prevents the animal being kept, the landlord living in the same home, or the tenant not agreeing to reasonable conditions.
For property managers, that means a refusal should not read like a preference. If the issue is fencing, keep photos or repair notes. If the issue is strata, keep the relevant by-law or approval record. If the issue is a council rule, keep the rule or correspondence that supports the decision.
Conditions should be practical and tied to the pet
NSW Fair Trading says a landlord can set reasonable conditions for keeping a pet. The guidance gives examples such as professional carpet cleaning at the end of the tenancy when an indoor animal makes that appropriate, or fumigation where an indoor mammal makes that appropriate.
The guidance also says landlords cannot require higher bond, higher rent or another form of security, such as insurance, as a condition for allowing the pet. Keep that distinction clear in owner conversations. A condition should manage the pet at the property, not turn into an extra financial barrier.
Check strata and shared living early
Strata approval may be separate from the landlord's consent. If the property is strata, record whether the by-laws require a separate pet application and whether the tenant has been told that they may need to deal directly with the owners corporation.
Different rules also apply in purpose-built student accommodation. If the property type is unusual, check the relevant Fair Trading guidance before giving a confident answer to the tenant or owner.
Plan for refusals and challenges
If consent is refused after a tenant applied within the first 7 days of the tenancy, NSW Fair Trading says the tenant does not have to remove the pet straight away. The tenant can generally keep the pet at the property for 21 days after receiving the refusal, and can keep it there while a Tribunal challenge is being considered if they apply within that period.
That is where clean records help. The agency should be able to show the refusal date, the stated reason, the evidence behind it, any conditions discussed in good faith, and the follow-up communication. If the matter goes to NSW Fair Trading or NCAT, a tidy timeline will be more useful than a long thread of rushed emails.
What to update this week
Add pet requests to the first-week tenancy checklist. Confirm where the standard pet application form is stored, who monitors new requests, how the 21-day response date is recorded, and where refusal evidence or conditions are filed.
It is also worth reviewing inspection and maintenance notes for pet-related issues. Tenants still have responsibilities not to cause damage, nuisance or unreasonable interference with neighbours. If a pet creates a repair, cleaning, access or neighbour issue later, keep the records factual and separate from the original consent decision.
This article is general information for rental operators, not legal advice. Check NSW Fair Trading guidance, the final legislation and qualified advice before changing compliance procedures.
Sources checked
Reviewed 2026-10-09.