Can my landlord refuse to let me keep a pet in NSW?

Yes — but only on one of the specific grounds listed in the law, and there are strict limits on what conditions a landlord can attach to a yes.

NSW law changed on 19 May 2025. Before that date, landlords could refuse a pet for any reason, or no reason at all. Now the rules are very different. Our article on NSW rental law changes since 2024–2026 covers the full reform picture if you want the wider context. This article goes deeper: exactly how to make a request, what a landlord can and cannot do, and what happens if you disagree.

What changed on 19 May 2025

From 19 May 2025, sections 73B to 73I of the Residential Tenancies Act 2010 govern how pets are handled in rental properties.

A landlord must respond to your pet request in writing. They can only say no on one of six specific grounds. They cannot charge extra rent or a higher bond just because you have a pet. And if they do not respond in time, the pet is automatically approved.

These rules apply to most residential tenancies in NSW. The main exemption is purpose-built student accommodation (defined in clause 23K of the Residential Tenancies Regulation 2019 and exempted from the pets Division by clause 38A).

How to request permission

Under section 73C of the Residential Tenancies Act 2010, a pet application must be made in the approved form. All tenants on the tenancy agreement must sign the application. You then give it to the landlord or their agent.

The approved form is available from NSW Fair Trading — check their website for the current version.

Keep a copy of your completed form and note the date you delivered it. That date starts the clock on the landlord’s 21-day response window.

The 21-day response rule

After you give the landlord the application, they have 21 days to respond in writing (s73D(1)(b)). If the landlord does not respond within that time, consent is automatically granted without conditions (s73D(4)) — this is often called “deemed consent.”

When the landlord does respond, they must do one of three things: approve the request, approve it with conditions, or refuse it and give written reasons explaining why each ground applies to your situation.

What conditions a landlord CAN attach

A landlord who says yes can attach reasonable conditions. Under s73E(2), the Act sets four categories of permitted condition:

• s73E(2)(a) — For an animal not normally kept inside (chickens or goats, for example), a condition preventing indoor keeping.
• s73E(2)(b) — For an animal that will be kept inside: professional carpet cleaning at the end of the tenancy (if reasonable for the type of animal and the premises), and for a mammal, professional fumigation at the end of the tenancy.
• s73E(2)(c) — Any other condition that relates only to keeping the animal at the premises AND is reasonable in relation to the type of animal and the premises. This catch-all lets landlords tailor conditions to particular situations.
• s73E(2)(d) — Any additional condition prescribed by the regulations.

Under s73E(4), any unreasonable condition is void and has no effect.

What conditions a landlord CANNOT impose

Section 73E(3) sets a hard floor. Regardless of what type of pet you have, a landlord cannot require you to:

• Pay increased rent
• Provide an increased rental bond
• Take out pet insurance or provide any other form of security
• Accept a term that is not otherwise permitted in a tenancy agreement (which cross-references ss 15 and 19)

These are prohibited conditions. A landlord who tries to impose them is acting outside the law.

The specific grounds for refusal

Under section 73F(1), a landlord can only refuse consent on one of six grounds. Some grounds have multiple sub-limbs, so you may see the list expressed as more than six scenarios — but statutorily, there are six:

1. Too many animals (s73F(1)(a)). The number of animals kept would be an unreasonable number. Regulation cl 22A(1) provides a safe-harbour: four or fewer is not unreasonable on its own.
2. Premises unsuitable (s73F(1)(b)). The premises cannot appropriately house the animal — including because fencing is not appropriate, there is not enough open space for toileting/exercise, or the property cannot humanely accommodate the animal. Each of these has carve-outs. Crucially, under clause 22A(2)(a) of the Residential Tenancies Regulation 2019, a landlord cannot rely on “inappropriate fencing” as a refusal ground if the fencing is only inappropriate because the landlord has failed to keep it in a reasonable state of repair. Cl 22A(2)(b)–(c) also treats the fencing as adequate if the animal will be kept primarily within an enclosure on the premises, or primarily inside and under effective control when taken outside.
3. Excessive damage risk (s73F(1)(c)). It is highly probable the pet will cause damage costing more than the rental bond.
4. Landlord resides there (s73F(1)(d)). The landlord lives at the premises. The landlord still has to state that this ground applies, but the reason is essentially self-evident.
5. Breach of another law (s73F(1)(e)). Keeping the pet would contravene another law — including council rules, or a by-law of a strata or community scheme that “has legal effect”. Whether a specific blanket no-pets by-law has legal effect is a strata-law question that goes beyond the RTA — if this is your situation, get advice from a strata specialist or a tenants’ advice service. In a strata property you may effectively need two approvals — one from your landlord under the tenancy law, and a separate one from the owners corporation under the by-laws — so it’s worth asking for a copy of the strata by-laws and their pet-application process, and running both applications in parallel to avoid delays.
6. Tenant refused reasonable conditions (s73F(1)(f)). The tenant declined a condition the landlord attached, and that condition was reasonable.

The landlord’s written refusal must explain which ground applies and why it applies to your specific situation (s73D(3)). A vague or general refusal is not sufficient.

Assistance animals — no consent needed

Section 73B of the Residential Tenancies Act 2010 creates a separate rule for assistance animals. You do not need the landlord’s consent to keep an assistance animal (s73B(2)).

Under Commonwealth disability law, an assistance animal is one that is trained to assist a person with a disability and meets certain accreditation or training criteria. If a landlord asks for proof that your animal is an assistance animal, that is generally reasonable — proof might include accreditation under a state or territory law, accreditation by a prescribed body, or evidence the animal is trained to assist. A landlord should not ask you to provide private medical records.

Even though consent is not required, it is a good idea to tell your landlord you have an assistance animal — so there is no misunderstanding later. Refusing housing because of an assistance animal is unlawful.

Landlords also cannot advertise “no pets”

Section 73H prohibits landlords or agents from advertising or offering premises for rent “on the condition that pets are not permitted.” The maximum penalty is 20 penalty units. If you see a listing that says “no pets allowed,” that itself may be a breach.

Consent lasts for the animal’s lifetime

Under section 73I(1), once consent is given (or deemed given), it continues for the animal’s lifetime — while the tenant still resides in the premises — despite any change in the landlord, the landlord’s agent, or the residential tenancy agreement. You do not need to re-apply because your landlord sells the property or you sign a new agreement with them. The consent lapses if you move out.

What to do if a refusal is not valid

If the landlord refuses your pet request and you believe the reason does not apply to your situation, you can apply to NCAT under section 73G.

There is no specific statutory deadline for pet-consent applications to NCAT — clause 39 of the Residential Tenancies Regulation 2019, which prescribes NCAT time limits for various application types under the Act, does not include a period for s73G applications. A default time limit — commonly understood to be 28 days from when you become aware of the refusal — may apply under the Civil and Administrative Tribunal Rules 2014 when no specific period is prescribed by the enabling law. Because the applicability of this default to s73G isn’t settled in the Act or Regulation, apply promptly and seek advice from a Tenants’ Advice and Advocacy Service if you may be outside that window.

NCAT can make an order allowing you to keep the pet if it finds the stated refusal ground does not actually apply (s73G(3)). If the landlord attached a condition rather than an outright refusal, and you believe the condition is unreasonable, the Tribunal must modify or replace it (s73G(5)).

Before going to NCAT, raise the issue directly with the landlord in writing and refer to the specific ground you dispute. A paper trail helps your case at the Tribunal.

Pet-related bond disputes after a tenancy ends are a separate matter. If you are concerned about what a landlord might claim from your bond for pet damage, see our articles on what a landlord can deduct from your bond and how to dispute a bond claim.

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