With more tenants requesting approval to keep pets, landlords in New South Wales are navigating a legal landscape that has changed significantly. While the Residential Tenancies Act 2010 (NSW) remains the main legislation, recent amendments in 2024–2025 have made it easier for tenants to keep pets and clarified what landlords can and cannot lawfully refuse.
Understanding these rules — along with the associated risks of damage and insurance gaps — is essential for both landlords and tenants.
How NSW Law Handles Pets in Rentals
Under the 2010 Act, tenants must get the landlord’s consent before keeping a pet. The 2025 amendments now require landlords to:
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Respond in writing within 21 days of a tenant’s formal pet request.
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Provide specific, valid reasons if they refuse, such as:
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Property unsuitability (e.g., a small apartment for a large dog).
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Local council or strata restrictions.
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Concerns about excessive number or type of animals.
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Failure to respond in time means consent is deemed given. Blanket “no pets” policies are no longer considered valid under the amended law, reflecting a societal shift toward accepting pets in rental homes. (nsw.gov.au)
Disputes are resolved by the NSW Civil and Administrative Tribunal (NCAT), which increasingly balances landlord concerns with the tenant’s right to keep a pet.
What Counts as Pet-Related Damage?
It’s important to distinguish between fair wear and tear and damage:
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Fair wear and tear: minor carpet flattening, small scratches, light scuff marks.
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Damage: chewed skirting boards, urine-stained carpets, torn flyscreens, scratched doors.
NCAT considers:
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The property’s age and condition at the start of tenancy.
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Evidence such as photographs and condition reports.
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Whether the damage exceeds normal use of the premises.
For example, replacing 10-year-old carpet due to minor pet wear is unlikely to be fully awarded.
Insurance Gaps Landlords Often Overlook
Many landlords assume their insurance will cover pet-related issues — but this is not always true:
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Some policies exclude pet-related damage completely.
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Others exclude gradual damage, like long-term urine staining.
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Coverage may depend on the tenant being formally approved to keep the pet.
Landlords should check their policy for:
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Accidental pet damage coverage.
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Professional cleaning or deodorising.
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Differences in coverage for malicious vs. accidental damage.
Without this, landlords may face out-of-pocket costs even if the bond is held.
Bonds, Cleaning, and Additional Costs
In NSW:
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Rental bonds are capped at four weeks’ rent.
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Landlords cannot charge a separate “pet bond”.
Tenants remain responsible for:
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Professional cleaning to return the property to its original condition.
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Pest or flea treatment if required.
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Repair or replacement for damage beyond fair wear and tear.
Clear lease clauses outlining pet expectations — while complying with the law — can prevent disputes.
How NCAT Views Pet Disputes
When assessing pet-related claims, NCAT looks at:
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Whether the pet was formally approved.
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The quality of inspections during the tenancy.
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Evidence of preventative measures (e.g., floor protection, pet doors).
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Supporting documentation like condition reports and photos.
Decisions increasingly focus on reasonableness and documentation, not just the presence of the pet.
Practical Tips for Landlords
Instead of defaulting to refusal, many landlords adopt structured pet policies:
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Require a written pet application.
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Limit number and type of pets.
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Conduct routine inspections.
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Ensure property is suitable before approval.
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Confirm insurance covers pet-related risks.
Well-managed pet tenancies often reduce vacancies and attract long-term tenants.
Practical Tips for Tenants
Tenants requesting a pet should:
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Provide full details (breed, size, age, registration).
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Offer references where possible.
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Demonstrate understanding of cleaning and repair obligations.
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Maintain the property to a high standard throughout the tenancy.
Being proactive reduces the chance of disputes later.
The Bottom Line
Pets are now a common feature of rental homes in NSW, thanks to the 2025 tenancy law amendments. While risks exist, most disputes stem from poor documentation or misunderstanding of obligations, rather than the pet itself.
Clarity, proper approvals, and good communication — along with reviewing insurance coverage — are key for both landlords and tenants navigating pet-friendly rentals.
