2025 NSW reform
Renting with a pet, after the reform.
From 2025, NSW landlords can't blanket-refuse pets. They can only refuse on prescribed grounds, in writing, within 21 days. Here's what that means for you.
How the consent process works
Step 1 — Use the standard pet application form
NSW Fair Trading publishes a standard pet application form. Complete Section A, get every tenant on the lease to sign it, and give it to the landlord/agent. Keep a copy. Form is at nsw.gov.au/housing-and-construction/rental-forms-surveys-and-data.
Step 2 — Landlord has 21 days to respond
The 21 days starts the day after you give them the form. If they don't respond within 21 days, consent is automatically given, with no conditions. Add 7 working days for post if you sent it by mail.
Step 3 — Refusal must be on prescribed grounds, in writing
The landlord can only refuse on the seven specific grounds below. The refusal must use Section B of the same form and state which ground applies and why.
Step 4 — Disagree? Apply to NCAT within 28 days
If you believe the refusal isn't valid, apply to NCAT within 28 days of receiving the landlord's response. NCAT can order consent be given, or remove an unreasonable condition.
Valid grounds to refuse
More than 4 animals, AND the number is unreasonable
Four animals or fewer is treated as a reasonable number. The landlord can only use this ground if you'd have more than four AND can explain why the number is unreasonable for the property.
Fencing isn't suitable for the animal
If the animal could escape because of the fencing, refusal is open. But not if the landlord has let the fence fall into disrepair, and not if the pet will be kept in an enclosure or indoors-only with leash/carrier outside.
Not enough open space
Insufficient room for toileting, exercise, or outdoor living. Doesn't apply if the pet toilets indoors hygienically (e.g. litter box), gets exercise off-property, or lives in an enclosure.
The animal can't be kept humanely
Something about the property would make keeping the animal cruel or unsafe — e.g. unable to provide necessary food, shelter, or care.
Damage to the property is highly probable
It must be highly probable the animal will cause damage exceeding the bond. The test considers preventative measures you'd take, minor alterations you propose, and the property's surfaces.
Other laws prohibit the animal
Council rules (e.g. max 2 dogs), restricted-breed orders, animal welfare laws, residential-land-lease community rules, OR a strata by-law about pets — except: a strata by-law that bans ALL pets is invalid and cannot be used to refuse.
The landlord lives in the same home
The one case where the landlord can refuse without a specific reason. Applies if you have a right to access and use the same home (not just next door or in a separate granny flat).
What ISN'T a valid ground
Blanket 'no pets' policy
A pre-printed 'no pets' clause on the lease doesn't override the 21-day consent process. Landlords also cannot advertise a property as 'no pets allowed'.
Asking for an extra bond or higher rent
s.159Pet bonds are not allowed in NSW. The bond limit is 4 weeks' rent (s.159). Landlords cannot ask for a bond increase, a rent increase, or any other form of security (e.g. insurance) as a condition for the pet.
Religion or allergy
A landlord cannot refuse consent because of religion or allergy — unless they live in the same rental home as you.
Strata by-law banning ALL pets
A strata by-law that prohibits all pets is not valid under NSW law and cannot be used to refuse a pet application. By-laws about specific dangerous breeds or pet conditions can still apply.
Honest caveats — what's still on you
You pay for pet damage
s.51Damage caused by a pet is not fair wear and tear. Scratches on doors, urine staining in carpet, chewed skirting, dug-up lawn — these are tenant liability and can be deducted from your bond.
Consent continues for the pet's life at that property
Once consent is given, it doesn't expire — even if the landlord or agent changes. But if you move, you need consent at the new place. And consent is for that specific pet; new pets need a new application.
Carpet-cleaning and fumigation conditions have limits
A condition to professionally clean carpets only applies if the pet was kept indoors and the condition was appropriate for the animal and property. Fumigation conditions only apply if the pet was a mammal and was kept indoors. Both apply at end-of-tenancy regardless of whether the carpet looks clean or there's no infestation.
Strata may also require approval
If you're in a strata property, the owners corporation may also need to approve the pet under its by-laws. That's a separate process — apply to both the landlord AND the strata at the same time.
Assistance animals are different
An accredited assistance animal is NOT a pet. You don't need to apply for consent — just notify the landlord. Refusing is generally unlawful disability discrimination, not a tenancy matter. The landlord may ask for accreditation evidence but cannot ask for private medical records.
Need to push back on a refusal?
Write the letter.
Use the pushback letter tool — paste the agent's refusal, get a calm written response that cites the prescribed grounds and offers reasonable conditions.
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