How do I Respond to a Tenant Request for a Pet?
Quick answer: From 19th May 2025 you can no longer blanket-refuse pets. A tenant must use the standard NSW Fair Trading pet application form. You must reply in writing within 21 days or the request is automatically approved. You can refuse only for specific, listed reasons and you can attach reasonable conditions to any approval, but you cannot charge extra rent or a pet bond. For the official steps see the NSW Fair Trading guidance here.
Practically the problem is twofold. First, many landlords and agents kept using blanket no pets clauses in listings and leases. Second, the new process makes silence risky. If you or your agent do not respond within 21 days the request is automatically approved and that approval lasts for the life of the pet even if the property changes hands. Both situations create unexpected outcomes for owners who thought their position was clear.
How this was usually approached
Before the change many landlords relied on a general no pets policy in adverts and tenancy agreements. Agents routinely screened tenants by asking about pets verbally and declining requests informally. That worked because there was no statutory standard form and no explicit automatic approval mechanism.
Now that approach is no longer safe. Advertising a blanket no pets position is prohibited. Informal refusals without a written, reasoned response will leave you unintentionally exposed.
A better way to think about pet requests
Shift the mindset first. Treat pet requests as a process, not a negotiation. The law sets out a pathway and a limited list of valid reasons you can rely on to refuse. Follow the steps and document everything. That gives you control and keeps outcomes predictable.
Here is a simple decision flow you can use every time a request arrives
- 1 Tenant submits a written request using the NSW Fair Trading pet application form
- 2 You or your agent evaluate the request and property suitability
- 3 Respond in writing within 21 days: approve (with reasonable conditions) or refuse citing a valid reason
- 4 If you do nothing within 21 days the request is approved automatically
We recommend capturing the timeline and reasons in writing and keeping the application and response with your tenancy records. This avoids disputes later if the tenant claims you never responded.
What the law permits and does not permit
| Topic | Before 19th May 2025 | From 19th May 2025 |
|---|---|---|
| Advertising a no pets policy | Common and often used | Prohibited. Cannot advertise blanket no pets. See NSW Fair Trading |
| How a tenant requests a pet | Informal requests common | Must use the standard NSW Fair Trading pet application form |
| Response time | No statutory deadline | Landlord must respond in writing within 21 days or approval is automatic |
| Grounds to refuse | Varied and inconsistent | Limited to specific reasons such as property unsuitability, health or safety risk, reasonable number limits, strata restrictions, or undue hardship |
| Once approved | Often subject to landlord discretion | Approval generally stays for the life of the pet and survives sale and agent change |
For the exact application form and procedural detail refer to NSW Fair Trading pets in rental properties.
Valid reasons to refuse a pet request
The law lists narrow, objective grounds you can rely on. These include property unsuitability for the specific animal, an identifiable health or safety risk, exceeding a reasonable number of animals, a specific strata by-law prohibiting that type of animal, or undue hardship for you as the landlord. Each reason needs facts behind it. You cannot refuse simply because you do not like animals.
Linking facts to reasons is critical. For example if you say the property is unsuitable for a dog because there is no fenced yard, show photos and explain how that presents a welfare or safety issue for the animal and neighbours. If a strata by-law is cited, attach the by-law text that is relevant. See the NSW Fair Trading guidance for wording examples here.
What you can require if you approve a pet
You can set reasonable conditions designed to protect the property and neighbours. Typical conditions include professional carpet cleaning at tenancy end, repair of damage caused by the pet, and compliance with council or strata rules. These conditions should be proportionate and documented in writing. You cannot charge extra rent or require a separate pet bond as a condition of approval. For what is allowed and what is not, refer to NSW Fair Trading official guidance.
Practical note
Record the date you received the application, the date you responded, the reasons and any evidence. If your agent handles these, require them to store the application and response in the tenancy file. Silence risks automatic approval. Keep things audit ready.
Common scenarios and how to handle them
Scenario 1 Tenant asks for a small indoor cat and you have carpeted living areas. The pet seems low risk. Reasonable approach: approve with conditions such as professional end-of-tenancy carpet cleaning and documented responsibility for any damage. Link to NSW Fair Trading guidance here.
Scenario 2 Tenant requests a large dog for a one-bedroom apartment with no balcony or secure outdoor area. Reasonable approach: refuse with clear written reasons that the property lacks secure outdoor space and keeping such a dog would be unsuitable for the animal and create safety or noise risk. Provide specific facts and photos to support your refusal.
Scenario 3 Your property sits in a strata complex where a specific by-law forbids chickens. Reasonable approach: attach the by-law clause to your written refusal and explain that the by-law applies. Note that generic blanket by-laws that say no pets at all are likely invalid; the by-law must be specific to the animal type to be enforceable. Check the strata instrument and cite the exact provision in your response. For official guidance see NSW Fair Trading pets in rental properties.
Spotlight
Automatic approval after 21 days is not a hypothetical risk. If you or your agent miss the deadline the tenant gains a right to keep the pet and that approval endures. Treat pet requests like any other time-sensitive statutory duty.
Practical checklist for managing a pet request
- 1 Require the tenant to use the NSW Fair Trading pet application form
- 2 Acknowledge receipt in writing on the day you get it and start your assessment
- 3 Collect objective evidence if you plan to refuse (photos, strata by-law text, inspector notes)
- 4 Reply in writing within 21 days with either approval plus reasonable conditions or a reasoned refusal
- 5 File the application and response in the tenancy record
Wrap up and next steps
This change shifts the balance toward tenants but it also creates clarity for landlords who follow the process. The law expects a transparent, evidence-based approach. If you adapt your procedures to the new rules you keep control and avoid accidental approvals.
For the procedural form and plain-language guidance see NSW Fair Trading pets in rental properties. If you need help translating a specific request into a reasoned refusal or appropriately worded conditions, gather the facts and we can help you frame a compliant response.
Legal note This article is general information not legal advice. For legal interpretation of the Residential Tenancies Act or strata laws consult a lawyer or the official NSW Fair Trading guidance here.
