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NSW Rental Policy | New Pet Rules from 2 October 2026

A new NSW rule now allows an eligible tenant moving in with a pet to keep the animal at the property while a timely consent application is considered.

A new stage of the NSW rental reforms commenced on 2 October 2026. It changes the position for a tenant who enters a new tenancy with a pet and applies for consent promptly.

The change does not create an unrestricted right to keep any animal. It creates a protected decision period and makes the existing application, response and review deadlines especially important for landlords and property managers.

The seven-day application window

A tenant moving into a new rental with a pet may ask for consent before signing the tenancy agreement. They may also apply after entering the agreement.

If the tenant applies within seven days after entering the tenancy agreement, the pet may remain at the property while the landlord’s written response is pending. The application must use the approved form, be made jointly by all co-tenants and be given to the landlord or agent.

This is an operational change for new-tenancy onboarding. A pet being present during the decision period is no longer, by itself, a reason to treat the tenant as having skipped the consent process where the application falls within the protected window.

The landlord still has 21 days to respond

The landlord must give the tenant a written response in the approved form within 21 days after receiving the application.

The response must state whether consent is given or refused. If consent is conditional, the reasonable conditions must be identified. If consent is refused, the response must identify a permitted statutory ground and explain why it applies.

If no compliant response is given within 21 days, the landlord is taken to have consented without conditions. A late or informal answer therefore creates a real compliance risk.

A refusal must rely on a permitted ground

The existing NSW pet framework continues to apply. Consent can only be refused for the grounds allowed by the Residential Tenancies Act; a blanket no-pet preference is not enough.

Examples in the legislation include circumstances where the premises are unsuitable for the animal, keeping the animal would result in an unreasonable number of animals at the premises, the animal would be kept contrary to another law, or the landlord would breach a strata by-law. The correct ground depends on the facts and should be supported by the file record.

Conditions must also be reasonable. Increasing the rent or bond, or requiring another form of security because of the pet, is expressly unreasonable. Assistance animals do not require landlord consent under this process.

What happens after a refusal

If consent is refused, the tenant does not have to remove the pet immediately. The pet may remain for 21 days after the tenant receives the response.

If the tenant applies to the NSW Civil and Administrative Tribunal within that 21-day period to challenge the refusal, the pet may remain while the application is considered. If that application is dismissed or withdrawn, a further 21-day period applies before the pet must be removed. The Tribunal can review the stated ground or a disputed condition.

A practical file checklist for owners and agents

For each new tenancy involving a pet:

  1. Record the tenancy-agreement date and the date the approved application is received.
  2. Confirm that all co-tenants have joined the application.
  3. Acknowledge the 21-day response deadline in the management diary.
  4. Assess only the statutory refusal grounds and gather the relevant evidence.
  5. Check any proposed condition against the reasonable-condition rules.
  6. Send the approved written response before the deadline and retain proof of service.
  7. If refusing, note the tenant’s 21-day protected period and any Tribunal notification.

Owners should not rely on a generic lease note or verbal instruction. The approved forms, statutory timeframes and documented reasons are now central to the decision.

Owner Takeaway

For new NSW tenancies from 2 October 2026, a pet can remain while a consent request is considered if the tenant applies within seven days after entering the agreement. Landlords still have 21 days to respond and can refuse only on permitted grounds. No response is treated as unconditional consent. Owners should make sure their managing agent has a time-stamped pet application workflow, uses the approved response form and keeps evidence for any refusal or condition.