A recent change to NSW rental pet laws means tenants can now move into a property with a pet before receiving their landlord’s approval. While the change is designed to make renting with pets easier, it also raises some interesting questions about transparency, communication and how tenancies begin.
Pets have become an increasingly important part of the conversation around renting in NSW.
Recent tenancy reforms have already changed how landlords consider pet applications, including limiting the circumstances in which a request can be refused.
Now, another change has come into effect, and this one is particularly relevant when a new tenant moves into a property.
From 2 October 2026, tenants entering a new tenancy agreement can, in certain circumstances, move into their rental home with a pet before the landlord has formally approved it.
It’s a relatively small legislative change, but one with some interesting practical implications.
A pet application after the lease is signed?
Consider this scenario.
A landlord has advertised their investment property for lease. Applications have been received, references checked, and a suitable tenant selected.
The tenancy agreement is signed, the keys are handed over, and everything is progressing as expected.
Then, a few days later, a pet application arrives.
The tenant would like permission to keep a dog at the property.
Perhaps the landlord had no idea the tenant owned a dog. Perhaps the tenant was concerned that mentioning their pet earlier might affect their chances of securing the home.
Or perhaps their circumstances have genuinely changed.
Whatever the reason, the landlord is now considering a pet application after the tenancy has already commenced.
And under the new legislation, the pet may already be living at the property.
So, what’s actually changed?
Under the Residential Tenancies Amendment (Protection of Personal Information) Act 2026, new provisions apply when a tenant enters a tenancy agreement and moves into the property with a pet.
If the tenant submits a pet application within seven days of entering into the tenancy agreement, they can keep the pet at the property while waiting for the landlord’s written response.
It’s important to distinguish this from the existing pet approval rules.
The requirement for landlords to respond to pet applications within 21 days isn’t new. That timeframe was already established under earlier tenancy reforms.
What’s different? A tenant who meets the new requirements no longer needs to wait for approval before moving into the property with their pet.
The landlord still has 21 days to respond to the application, and the existing rules around reasonable grounds for refusal continue to apply.
What if the landlord refuses the pet?
A refusal doesn’t necessarily mean the pet must leave immediately.
Under the new provisions:
- The tenant can keep the pet for 21 days after receiving the landlord’s written refusal.
- If the tenant applies to the NSW Civil and Administrative Tribunal (NCAT) within that period to challenge the decision, the pet can remain while the application is considered.
- If NCAT upholds the landlord’s refusal, the tenant has a further 21 days before the pet must be removed.
- If the tenant withdraws their Tribunal application, the pet can remain for 21 days after the withdrawal.
In some circumstances, this means a pet could remain at a property for quite some time, even where the landlord has declined the request.
Of course, landlords cannot refuse pets simply because they would prefer a pet-free property. NSW legislation sets out specific grounds on which consent may reasonably be refused.
Those protections remain in place.
But what about honesty on rental applications?
This is perhaps where the new rules raise the most interesting questions.
A rental application is intended to help landlords and property managers understand the proposed tenancy and assess whether an applicant is suitable.
And while landlords cannot lawfully reject an applicant simply because they own a pet, there is still an expectation that information provided during the application process is accurate.
So what happens when a tenant indicates that they don’t have a pet, secures the property, and then submits a pet application almost immediately?
It’s important not to jump to conclusions. Circumstances can change, and a pet application made after signing a lease is not, in itself, evidence that someone has been dishonest.
But it does highlight a potential grey area.
A tenant who is concerned about how their pet might be perceived could be tempted to leave that conversation until after the lease is signed.
The new provisions make it possible for that conversation to occur after the tenant and their pet have already moved in.
The challenge is that legislation can establish rules and timeframes, but it can’t necessarily create trust between two parties.
And trust matters in a rental relationship that may continue for years.
Does this mean landlords have lost control over pets?
Not at all.
Landlords still have the right to consider pet applications and refuse them where there are legally recognised grounds.
For example, certain properties may be unsuitable for particular animals, or keeping a pet may conflict with an applicable law.
Tenants also remain responsible for meeting their obligations under the tenancy agreement, including taking reasonable care of the property and addressing damage caused by their pets beyond fair wear and tear.
The new legislation doesn’t remove those responsibilities.
What it does change is the timing of the approval process for tenants moving into a new property.
And that means landlords may find themselves making a decision about a pet that is already living in their investment property.
A balanced approach to renting with pets
It’s worth remembering that pet ownership and responsible tenancy are certainly not mutually exclusive.
Many excellent tenants have pets, and a well-cared-for animal doesn’t automatically present a greater risk to an investment property.
For landlords, a responsible pet owner who pays their rent on time, looks after the home and stays for several years can be a very good outcome.
Equally, landlords have legitimate concerns about protecting their property, particularly where there may be unsuitable outdoor areas, delicate finishes or other practical considerations.
The challenge is finding a sensible balance between those interests.
That’s why we believe conversations about pets are best had early, openly and with a clear understanding of everyone’s rights and responsibilities.
Even though the legislation now allows certain tenants to move in with pets before approval, early communication can help avoid unnecessary misunderstandings.
More tenancy changes are coming in 2027
These new pet provisions form part of a broader package of reforms introduced through the Residential Tenancies Amendment (Protection of Personal Information) Act 2026.
Interestingly, most of the legislation actually deals with tenant privacy and the handling of personal information.
Those changes are expected to commence in early 2027, with NSW Fair Trading to provide further guidance closer to their introduction.
For landlords and property managers, this will be another important area to watch, particularly in relation to rental applications and the information collected from prospective tenants.
What does this mean for landlords?
The latest change is another reminder that NSW tenancy legislation continues to evolve.
For landlords, understanding the rules is important, but so is recognising how those rules play out in everyday situations.
A pet application received shortly after a tenant moves in may come as a surprise, but it doesn’t automatically indicate a problem.
What matters is that the application is assessed fairly, the required timeframes are followed, and any concerns are addressed within the framework of the legislation.
At Rightside, we believe good property management is about more than simply complying with the rules. It’s about maintaining open communication, making informed decisions and building positive relationships between landlords and tenants.
And while the rules around pets may continue to change, those principles remain just as important.
Have questions about pets in your investment property?
We’re always happy to help landlords understand their rights, responsibilities and options under the latest NSW tenancy legislation.
Speak with the Rightside team about managing your investment property.
For further information, visit NSW Fair Trading – Changes to Rental Laws.