Pets and your tenancy
Consent for pets during a tenancy
Did you know that it is a requirement of your Residential Tenancy Agreement to obtain consent from the landlord in order to have pets at the property during your tenancy?
How can this be done?
There are 2 ways of obtaining consent for a pet during a tenancy.
- Include the details of your pet/s on your application form at the time of applying for a tenancy on a property and as such having those pets included in your tenancy agreement (section 53); or,
- Completing and submitting a Pet Application Form (button on the right of this page) to your Property Manager for consent from the landlord of the property you are renting to obtain a pet throughout the duration of your tenancy.
How to request consent to obtain a pet during your tenancy
NSW Fair Trading has a prescribed form for tenants to complete and submit to their landlord / the landlord's agent, when applying to keep a pet at the property during their tenancy. The button on the right of this page will take you to the form.
To apply to keep a pet at the property you are renting through Property Excellence, email the completed and signed NSW Fair Trading pet application form to our team at pm@prex.com.au.
Upon receipt of your pet application form, our team will contact the landlord of the property you are renting with your request for their consideration and advise you of the outcome accordingly.
How long after I submit the application will I hear back about my application?
In NSW, landlords have 21 days to respond to the application. If no response is given within 21 days after the application is given to the landlord, then the pet is automatically approved without conditions.
Can the landlord refuse my request to keep a pet at the property?
A landlord can only refuse a tenant’s request to keep a pet in a rental property for specific reasons. These reasons are as follows:
- There is an unreasonable number of animals - Four animals (or less) is a reasonable number of animals under rental laws
- The fencing is not appropriate
- There is not enough open space
- The animal can't be kept humanely
- The animal will cause excessive damage
- The animal is not allowed under other laws - For example, Council laws, Strata by-laws
- The landlord lives in the rental home
- The tenant did not agree to reasonable conditions
What if I have an assistance animal? Can the landlord refuse to allow me to keep my assistance animal?
Tenants do not have to ask for consent to keep an assistance animal. However, tenants should notify the landlord if they have an assistance animal. This avoids a misunderstanding that the assistance animal is a pet living in the property without the landlord’s consent.
If a tenant is keeping an assistance animal at the property, the landlord may ask them to provide supporting information such as information that shows the animal is:
- accredited under a State or Territory law
- accredited by a relevant animal training organisation
- registered as an assistance animal in the NSW Pet Registry, or
- trained to assist a person with a disability and meets standards of hygiene and behaviour that are appropriate for an animal in a public place.
Landlords should not ask for private medical records as supporting information.
What conditions can be put in place if I want to keep a pet at the property?
A landlord can put reasonable conditions on keeping a pet.
Landlords and tenants should discuss what conditions may be reasonable for the animal before the landlord gives their response.
Conditions must be listed in the landlord’s response to the tenant’s application.
Reasonable conditions
Tenants already have to comply with the conditions of their agreement, including that the property is kept reasonably clean, that the tenant does not cause or allow a nuisance to others, and that the tenant does not intentionally or negligently damage the property.
Landlords can add additional terms to the agreement as a condition of their consent for a pet. These conditions must be reasonable.
Reasonable conditions that the landlord may ask for include:
- The animal is not allowed to be indoors – the landlord can only ask for this condition if the animal is a type not usually kept inside (for example, a chicken or a goat).
- The carpets must be professionally cleaned at the end of the tenancy – the landlord can only ask for this condition if the animal will live indoors and it is appropriate for the type of animal and property (for example, keeping a goldfish should not require the tenant to commit to professional carpet cleaning).
- The property must be professionally fumigated at the end of the tenancy – the landlord can only ask for this condition if the animal lives indoors and is a mammal.
Landlords can set other reasonable conditions. However, these conditions must only be about keeping the animal at the property.
Unreasonable conditions
There are limits on the kinds of conditions a landlord may put in place.
Landlords cannot ask tenants to increase the bond or the rent as a condition for allowing the pet. They cannot ask for any other form of security, such as requiring insurance.
Landlords also cannot set any other unreasonable conditions.
Conditions are likely to be unreasonable if they interfere with the tenant’s right to quiet enjoyment of the property. For example, if they:
- are overly restrictive about how the tenant can use their home
- create obligations on the tenant that interfere with or control their day-to-day life
- are inconsistent with rental laws or other laws (including existing laws about access to or inspection of the rental property).
What happens if you obtain a pet during your tenancy but don’t obtain consent?
If you were to obtain a pet during your tenancy without first obtaining consent / going through the proper process, this would be deemed a breach of your Residential Tenancy Agreement and as such a breach notice could be issued requiring you to remedy the breach, meaning no longer have the pet at the property. Failure to remedy the breach could result in your tenancy being terminated.
What if your pet causes damage to the property?
If your pet gets up to mischief and causes damage during your tenancy, you are responsible for rectifying this damage. If damage is discovered at a routine inspection, you may be issued with a notice to remedy breach because of this damage followed by a termination notice if the damage is not repaired in the timeframe specified on the breach notice. Here at Property Excellence we understand that accidents can happen and we don’t want to see you obtain a negative rental history that could make it hard for you to secure another property down the track. As such, if some form of damage occurs, please email details to us at pm@prex.com.au and we will assist you in rectifying accordingly.
Are there any extra requirements when you vacate?
If you’ve had pets at the property during your tenancy, there may be a need to have the carpets professionally cleaned and/or a professional pest treatment carried out.
This is not always the case and our team will assist you when preparing to vacate to ensure that you don’t have any unnecessary expenses.
For more information...
For more information regarding pets and your tenancy, you can visit NSW Fair Trading's website at https://www.nsw.gov.au/housing-and-construction/rules/pets-rentals#toc-legal-requirements-pets