In most cases, no. Since 19 May 2025, a NSW landlord can only refuse a pet on one of the grounds set out in the law, must respond in writing within 21 days, and is taken to have approved the pet if they don’t. In an apartment, a strata ban rarely helps either, because by-laws that ban all pets aren’t valid.
That matters in Darlinghurst and Potts Point, where most rentals are apartments in strata buildings. Murray Property manages rental apartments across Darlinghurst, Surry Hills and Potts Point. Landlord Questions is our series of short, plain-English answers to the questions owners ask us.
This article is general information, not legal advice. It reflects NSW Fair Trading guidance as at 21 October 2026.
The rules at a glance
| Rule | What it means for you |
|---|---|
| How tenants apply | On NSW Fair Trading’s pet application form |
| Your deadline | Respond in writing on the same form within 21 days |
| If you don’t respond | The pet is automatically approved, without conditions |
| Grounds to refuse | Only the eight set out in the law (below) |
| Pet bond, higher rent or pet insurance | Not allowed |
| How long consent lasts | Until the tenant leaves or the animal dies. You can’t withdraw it. |
| Assistance animals | Don’t need your consent |
| Tenant disputes a refusal | They can apply to NCAT within 28 days of your response |
Source: NSW Fair Trading, Keeping a pet in a rental property (updated 8 October 2026)
New in October 2026: tenants moving in with a pet
NSW Fair Trading lists a change from 2 October 2026 for tenants who move in with a pet:
- A tenant can apply for consent before signing, or within 7 days of entering the agreement, and keep the pet while waiting for your written response.
- If you refuse, the tenant can keep the pet for 21 days after receiving your response.
- If they apply to NCAT within those 21 days, they can keep the pet while the Tribunal decides. If the application is dismissed or withdrawn, they have a further 21 days.
- A tenant who doesn’t apply within the 7 days needs your consent before bringing the pet in.
In practice, this means you may have a pet in the property for several weeks even if you have valid grounds to refuse. That makes it more important to answer quickly, and to get the answer right the first time.
Sources: NSW Fair Trading, Changes to rental laws · NSW Fair Trading, Keeping a pet in a rental property
The eight grounds for refusal, and how they apply in an apartment
A landlord can refuse only if one of these applies. Several are hard to use in an inner-city apartment.
| Ground | Does it usually apply in a Darlinghurst or Potts Point apartment? |
|---|---|
| 1. Too many animals: more than four in total, and the number is unreasonable | Rarely |
| 2. Fencing isn’t suitable: the animal could escape | Rarely. It doesn’t apply if the animal is kept indoors or in an enclosure, or if you haven’t kept the fencing in repair. |
| 3. Not enough open space for toileting or exercise | Rarely. It doesn’t apply if the pet can toilet indoors or be walked off the property, for example to Green Park in Darlinghurst or Fitzroy Gardens in Potts Point. |
| 4. The animal can’t be kept humanely: the property would prevent proper food, shelter or care | Possible, but needs a real reason specific to the property |
| 5. Excessive damage: damage is highly probable and would cost more than the bond to repair | Possible, but needs evidence, not a general worry |
| 6. It would breach another law, such as a council rule or a valid strata by-law | Sometimes. See the strata section below. |
| 7. You live in the same home | No, not for an investment property |
| 8. The tenant won’t agree to reasonable conditions after good-faith discussion | Yes, if your conditions are reasonable |
You also can’t refuse because of an allergy or for religious reasons, unless you live in the same home.
Source: NSW Fair Trading, Keeping a pet in a rental property
Two approvals in a strata building
In an apartment, a tenant may need two separate approvals:
Yours, as landlord, under tenancy law.
The owners corporation’s, under the building’s by-laws.
The tenant can apply to the owners corporation directly. They don’t need you to apply for them
Strata by-laws can’t ban all pets. In NSW, a by-law that bans all pets isn’t valid, and banning animals by size, type or number is usually invalid too. An owners corporation can only refuse a pet that would cause unreasonable interference with other residents, such as:
- Constant noise that unreasonably affects another resident
- Repeatedly running at or chasing another resident or animal
- Attacking or threatening another resident or animal
- Repeatedly damaging common property or someone else’s property
- Risking residents’ health through infection or infestation
- A constant unpleasant smell
A dog declared dangerous or menacing, or a restricted breed, also counts. The owners corporation must decide within a reasonable time. If it refuses without a valid reason, or doesn’t decide in time, the pet is automatically approved. Like landlords, owners corporations can’t charge a pet bond or fee, or require pet insurance.
How this affects your answer as landlord: you can refuse under ground 6 if keeping the pet would breach a valid strata by-law. But you can’t rely on a by-law that bans all pets, because it isn’t valid. Before refusing on strata grounds, check the by-laws and whether the owners corporation has already approved the pet. Our guide to strata committee roles explains who makes these decisions in your building.
Source: NSW Fair Trading, Pets in strata (updated 22 June 2026)
Conditions you can and can’t set
If you approve a pet, any conditions must be reasonable and relate only to keeping the animal at the property.
Reasonable conditions can include:
- Professional carpet cleaning at the end of the tenancy, if the animal lives indoors
- Professional fumigation at the end of the tenancy, for an indoor mammal
- Keeping an animal outside if it isn’t the kind usually kept indoors
You can’t require:
- a higher bond, a “pet bond” or other security, as our guide to NSW rental bonds explains
- higher rent
- pet insurance
- conditions that control the tenant’s day-to-day life or interfere with their quiet enjoyment
Source: NSW Fair Trading, Keeping a pet in a rental property
What to do when a pet request arrives
Note the date you received it. Your 21 days start then.
Check the strata by-laws and whether the owners corporation has already approved the animal.
Decide on the form, in writing. If you’re refusing, name the specific ground and explain why it applies.
Keep any conditions reasonable and related to the animal.
Keep a copy of the application, your response and any evidence.
Remember that consent lasts until the tenant leaves or the animal dies, even if you sell the property or sign a new lease with the same tenant.
Why this matters in Darlinghurst and Potts Point
Both suburbs are dominated by apartments. In Potts Point, about two in three households rent, as our Potts Point rental market guide shows. With more tenants able to keep pets, a clear and lawful process protects you from disputes, and from a pet being automatically approved because a request sat unanswered.
The idea that landlords can refuse a pet “without giving a reason” is out of date. It hasn’t been true since 19 May 2025. For the other changes that took effect then, see our guide to the 2026 NSW tenancy law changes.
Frequently asked questions
Can a landlord refuse a pet in NSW?
Only on one of the grounds set out in NSW law, such as a valid strata by-law being breached or highly probable damage costing more than the bond. Since 19 May 2025, landlords must respond in writing within 21 days, and if they don’t, the pet is automatically approved without conditions.
Can a strata by-law ban pets in a Darlinghurst or Potts Point apartment?
No. In NSW, by-laws that ban all pets are not valid. An owners corporation can only refuse an animal that would cause unreasonable interference, such as constant noise, attacking other residents or animals, or repeatedly damaging property.
Can a landlord ask for a pet bond in NSW?
No. NSW landlords can’t ask for a higher bond, higher rent or other security such as pet insurance because a tenant has a pet.
What changed in October 2026 for tenants moving in with a pet?
From 2 October 2026, a tenant can apply for consent before signing or within 7 days of entering the agreement and keep the pet while waiting for a response. If the landlord refuses, the tenant can keep the pet for 21 days after receiving the response.
Who manages rental apartments in Darlinghurst and Potts Point?
Murray Property, based at 251 Oxford Street, Darlinghurst, manages rental apartments in Darlinghurst, Surry Hills and Potts Point.
Need help with a pet request?
If a tenant has asked to keep a pet and you’re not sure which rules apply, we can check the by-laws, prepare a lawful response within the 21 days, and set reasonable conditions. Murray Property manages investment apartments in Darlinghurst, Surry Hills and Potts Point from our office on Oxford Street.
Request a free rental appraisal →
Phone: 02 9371 5901
Email: home@murrayproperty.com.au
Office: 251 Oxford Street, Darlinghurst NSW 2010
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Sources
- NSW Fair Trading — Keeping a pet in a rental property (updated 8 October 2026)
- NSW Fair Trading — Pets in strata (updated 22 June 2026)
- NSW Fair Trading — Changes to rental laws
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Disclaimer
The data, figures, and market statistics referenced in this article were current at the time of publication and are sourced from third-party providers including CoreLogic/Cotality, Domain, realestate.com.au, HtAG Analytics, PropTrack, and NSW Fair Trading, among others. Property market data changes frequently, median prices, rental yields, vacancy rates, clearance rates, and days on market figures are updated regularly by their respective providers and may have changed since this article was published. Readers are encouraged to verify all figures directly with the cited sources before making any decisions.
This article is intended as general information only. It does not constitute financial, investment, legal, or taxation advice. The information provided does not take into account your individual circumstances, objectives, financial situation, or needs. Before making any property investment, purchase, sale, or management decision, you should seek independent advice from a qualified financial adviser, solicitor, or property professional licensed in your state.
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