NSW pet legislation update

New legislation introduced from 19 May 2025, will empower tenants to request approval from their landlord to keep a pet in their rental. Landlords will have 21 days to respond—if they don’t, consent is assumed. With these changes, it’s crucial for owners and landlords to ensure their property by-laws are current and aligned with the law.

If a landlord grants consent with conditions—such as requiring professional cleaning or pest control—those terms must be explicitly stated. Refusals must be justified with valid reasons, such as the property being unsuitable for pets, potential damage beyond the rental bond, or breaches of council regulations.

Once permission is given, it remains valid for the life of the pet, even if the property changes ownership. Owners cannot advertise a property as pet-free or increase rent based on pet ownership.

In strata schemes, additional considerations apply:

• Residents may need to notify the owners corporation before bringing in a pet.
• Owners corporations cannot prevent residents from keeping a pet, provided it does not disturb others.
• No fees, bonds, or mandatory insurance can be imposed by the owners corporation in relation to pet ownership.
• Assistance animals are fully protected—by-laws cannot restrict them or interfere with their duties.

Tenants must still obtain their landlord’s permission in strata-managed properties. If concerns arise about another resident’s pet, owners and tenants are encouraged to consult their scheme’s rules and try speaking to the resident before escalating the issue to the owners corporation.

With these reforms likely to lead to more pet-related requests, now is a smart time for landlords and committees to review their by-laws.