Renting with a dog in NSW: tenant rights, strata rules, and how to negotiate with landlords

Sydney has one of the tightest rental markets in Australia. Vacancy rates in the inner city, eastern suburbs, lower north shore, and inner west have repeatedly hit record lows, making pet ownership in rental accommodation genuinely difficult. For years, NSW landlords could include a blanket "no pets" clause in a tenancy agreement and enforce it without recourse. The legal framework gave pet-owning tenants almost no protection — and many kept dogs in defiance of their leases, accepting the legal and financial risk.

That framework changed with the passage of the Residential Tenancies Amendment Act 2024, which introduced a presumption in favour of pets for residential tenants in NSW. Under the amended law, landlords must respond to pet requests in writing and can only refuse on specific, enumerated grounds. Blanket "no pets" clauses in new tenancies are now unenforceable. But the 2024 reforms are not the sweeping liberalisation some commentary suggested. Body corporates in strata buildings retain parallel powers. Reasonable grounds for refusal remain genuinely broad in practice. And the financial stakes of renting with a dog in NSW have increased — the law now expressly permits pet bonds and makes tenants liable for all pet-related damage beyond fair wear and tear.

What the Residential Tenancies Amendment Act 2024 actually says

The key provisions of the 2024 Amendment, as they apply to pet-owning tenants in NSW, are broadly as follows. A tenant may request permission to keep a pet at the rental property. The landlord must respond to that request in writing within a specified timeframe (check the current legislative text at legislation.nsw.gov.au for the precise timeframe, as the implementing regulations may have been updated since this article was prepared). The landlord may only refuse on "reasonable grounds" set out in the legislation. If the landlord does not respond within the required timeframe, check the current law — the consequences of non-response are defined in the regulations and may have changed. Blanket "no pets" clauses in residential tenancy agreements entered into on or after the Act's commencement date are unenforceable.

• Tenants may request permission to keep a pet, either at the time of applying for tenancy or during an existing tenancy.
• Landlords must respond in writing within the period specified in the Act; failure to respond may constitute a breach.
• Landlords may only refuse on prescribed reasonable grounds — including that the property is unsuitable for the specific pet, that a body corporate or strata by-law prohibits the pet, or that the pet creates a genuine risk of damage or serious nuisance.
• A blanket "no pets" policy is not, by itself, a reasonable ground for refusal under the 2024 regime — the refusal must relate to the specific pet or specific property.
• If consent is granted, the landlord may impose reasonable conditions — including requiring the tenant to professional-clean carpets and floors on vacating.
• The landlord may charge a pet bond of up to the equivalent of two weeks' rent, held by NSW Fair Trading alongside the regular bond.
• Tenants remain liable for all pet-related damage beyond fair wear and tear, including accidental damage.

What counts as "reasonable grounds" for refusal?

The 2024 Amendment does not give tenants an absolute right to keep pets — it replaces a landlord's absolute right to refuse with a requirement to give substantiated reasons. In practice, the "reasonable grounds" concept is broad enough that many refusals will still be legally defensible. Understanding what grounds landlords are likely to invoke is important for tenants who want to anticipate and address objections before they arise.

• The property is unsuitable for the specific pet — a studio apartment being deemed unsuitable for a large high-energy dog is likely a defensible ground; the same argument for a medium-sized calm dog in a two-bedroom apartment with a balcony is weaker.
• A body corporate or strata scheme by-law prohibits pets of that type — this is one of the most commonly invoked grounds in Sydney, where strata buildings dominate the inner-city market.
• The pet creates a genuine risk of serious damage to the property beyond what a bond would cover — difficult to establish prospectively but possible for specific circumstances.
• The landlord can demonstrate that the specific property is genuinely unsuitable (e.g., open-plan property with unfenced common outdoor space to which other residents have access).
• "I just prefer not to have pets" is no longer a valid ground for refusal under the 2024 reforms.

Strata buildings: the body corporate layer that the 2024 reforms don't touch

The single most important complication for Sydney renters is the strata layer. A large proportion of Sydney's rental stock consists of strata-titled apartments — governed by the Strata Schemes Management Act 2015 (NSW) and managed by an owners corporation (also called a body corporate). The owners corporation sets operational by-laws that govern the use of common property and the individual lots, and those by-laws can address pets.

A strata by-law prohibiting pets, or restricting pets to a specific type or size, remains enforceable under the 2024 residential tenancy reforms. If the building's by-laws say "no dogs" or "no dogs over 10 kg," a tenant who brings a dog into that building in defiance of the by-law — even with the landlord's personal consent — is breaching the strata rules. The owners corporation can issue a notice to comply. If the tenant ignores it, the owners corporation can apply to the NSW Civil and Administrative Tribunal (NCAT) for an order compelling removal of the dog. The 2024 residential tenancy reforms do not override strata by-laws.

How strata by-laws work: the Strata Schemes Management Act 2015

Under the Strata Schemes Management Act 2015, the owners corporation may pass by-laws governing the keeping of animals. The default by-laws in the standard form (Schedule 3 of the Act) were amended in 2020 to provide that the owners corporation must not unreasonably refuse a resident's application to keep an animal. However, owners corporations can — and many do — replace the standard form by-laws with custom by-laws that impose different conditions. Whether those custom by-laws can validly prohibit all pets has been the subject of some legal commentary and NCAT decisions. The short answer is: it depends on the specific by-law and the circumstances. If you believe a strata pet by-law is being applied unreasonably, seek advice from a strata law specialist or a Community Legal Centre.

The NSW Civil and Administrative Tribunal (NCAT) is where strata pet disputes are resolved. NCAT has the power to order the removal of a pet that is in breach of a by-law, or conversely to find that a by-law was applied unreasonably and cannot be enforced. The process is accessible — many tenants and lot owners appear at NCAT without legal representation — but it is not free, and it does not guarantee a favourable outcome. Prevention (checking by-laws before you move in) is far less stressful and expensive than NCAT litigation after the fact.

Practical tips: how to rent with a dog in Sydney's tight market

The legal framework matters, but the practical reality of Sydney's rental market means that prospective tenants with dogs are competing against applicants without pets, all chasing scarce properties. Even with the 2024 reforms, the most effective strategy is not to invoke legal rights — it is to make your application the most compelling on the agent's desk. A well-prepared "pet resume" demonstrating that your dog is the lowest-risk option is more effective than citing legislation to a property manager.

• Pet resume: a one-page document with your dog's photo, breed, age, weight, desexed status, microchip number, and NSW registration number
• Veterinary records: vaccination history, paralysis tick prevention, regular vet check-up history — shows responsible ownership
• Training records: puppy school certificate, any obedience training; even a positive trainer reference for an adult dog
• Previous landlord reference: the gold standard — a letter or email from a former landlord or property manager confirming no pet-related damage, no noise complaints, and full bond return
• Pet bond offer: proactively offer the pet bond (up to two weeks' rent) before it is requested — it signals responsibility and derisks the landlord's main concern
• Professional cleaning on departure: written commitment in your application; offer to book a professional carpet and upholstery clean on vacating at your cost
• Liability offer: some tenants offer slightly above the market rent in exchange for pet permission; legal but use with caution — it may price you out if you cannot sustain it
• Move-in inspection documentation: photograph every surface, floor, and wall in detail before your dog enters; this protects you against bond deduction disputes at end of tenancy

Dog barking and noise: the tenancy risk that most renters underestimate

Persistent dog barking is one of the most common grounds on which a Sydney landlord or body corporate seeks to enforce pet conditions or, in serious cases, apply for removal of a pet. Under the Companion Animals Act 1998, local councils have powers to deal with persistently barking dogs — they can issue nuisance orders and impose fines. From a tenancy perspective, documented noise complaints give a landlord or owners corporation legitimate grounds to escalate. If your dog barks when you are out, address the root cause — insufficient exercise, separation anxiety, boredom — rather than waiting for a complaint to arrive. Most persistent barking in dogs is a solvable problem with the right veterinary and training support.