Changes to keeping pets in residential tenancies

Changes to the Residential Tenancies Act 2010 (NSW) were made in May 2025 to make it easier for tenants to keep pets. Whilst a tenant must still obtain their landlord’s consent to keep an animal at the property, a landlord can only refuse this request for certain reasons. Examples of grounds for refusing to give consent include:

The property is unsuitable for the animal because the fencing is not appropriate, there is insufficient open space, or the animal could not be humanely kept at the property.
It would result in an unreasonable number of animals being kept at the property.
Keeping the animal at the property is likely to cause damage that would cost more to reasonably repair than the amount of rental bond.
This would break other laws or rules.

Gaining a landlords consent

The landlord must respond to a request for consent within 21 days. If consent is given it can be subject to reasonable conditions such as keeping outside animals outside and, if reasonable for the type of animal being kept indoors, having the carpets professionally cleaned at the end of the tenancy. A landlord cannot increase the amount of rent or the rental bond as a condition of consent. This would be considered void and of no effect under the Act. Where consent is given, it continues throughout the tenancy for the lifetime of the animal, even if the landlord or agent changes.

What if my consent is refused?

Where consent is refused, the ground for refusal and the reason why the landlord considers that ground to apply must be specified. If a tenant disagrees with a decision they can apply to NCAT. Where a response is not provided within 21 days, the landlord is taken to have given consent without conditions.

For those purchasing property subject to a residential tenancy, this is an additional layer of due diligence which should be considered. Steps should be taken to ascertain whether consent has been given for the keeping of a pet and if so, whether there are any conditions of consent that need to be enforced. This is particularly important following the changes as consent continues for the life of the animal despite the change in landlord or agent.