No reply to your pet application in 21 days? Deemed approved
From 19 May 2025, NSW renters apply to keep a pet using a prescribed form. The landlord has 21 days to respond in writing. If they don't — consent is deemed given. If they refuse, the refusal is only valid on one of a closed list of grounds in the Residential Tenancies Regulation, and NCAT can review.
That tilts the balance. Before the reform, a landlord could just say no. Now, ignoring the application is consent; refusing without a listed ground is challengeable; conditions that effectively block the pet (extra rent, extra bond) are not allowed. This page is the post-reform playbook: how to apply, the clock, the refusal-ground checklist, the strata interaction, and the appeal letter that gets you to NCAT.
Important: verify the current prescribed form and the exact refusal grounds on nsw.gov.au/pets-rentals before you lodge.
Information, not legal advice. Figures current as at 1 July 2025.
What this dispute is
The post-19-May-2025 pet regime works in three steps. (1) The tenant applies on the prescribed form, giving the landlord enough detail about the pet (species, breed, size, age, desexed/registered status, where it will live). (2) The landlord has 21 days to respond in writing. (3) If the landlord refuses, the refusal must be on a listed ground and may attach only "reasonable" conditions; if the landlord ignores the application, consent is deemed given at the end of the 21-day window.
The closed list of refusal grounds (in the Residential Tenancies Regulation 2019, as amended) covers things like: the premises are unsuitable for the pet (e.g. lack of fencing, no open space, animal-welfare concerns); keeping the pet would breach a council law or planning instrument; the number of animals exceeds what is reasonable; and (for some property types) the landlord lives on the same lot. Verify the current list on nsw.gov.au and in the Regulation before relying on this.
What a landlord can't do: impose blanket "no pets" clauses; charge extra rent because of a pet; require an extra bond beyond the four-week cap; require pet insurance as a condition of consent. They can impose conditions that are genuinely reasonable — e.g. professional carpet cleaning at end of tenancy, the pet must be kept outside in certain areas — but those conditions must be specific and proportionate.
Consent, once given (or deemed given), endures for the life of the pet — even if the agent or owner changes. If the landlord later tries to revoke consent, that's a separate issue and generally requires a change in circumstances (e.g. the pet has attacked someone) rather than a change of heart.
Time limits that bite
These deadlines are strict. The Tribunal can extend in some cases, but extensions are not automatic — they're weighed on length, reason, prospects and prejudice.
- 21 daysLandlord must respond in writing — failure to respond is deemed consentRTA 2010 (as amended 2025) + Regulation
- From receiptThe 21 days run from when the landlord/agent received the application — keep proof of service (email receipt, postal tracking)RTA + Regulation
- Within consent periodConditions the landlord imposes are part of the response — silence beyond 21 days means no conditions can be added laterRTA + Regulation
- No statutory deadlineThere is no fixed deadline to bring an NCAT review of a refusal, but apply promptly to avoid evidence going staleNCAT Guideline
- 14 daysInternal appeal window if you are unhappy with the NCAT decisionNCAT Guideline 1
The process, step by step
- 1
Use the prescribed form — not a casual email
The Fair Trading prescribed pet application form is on nsw.gov.au/pets-rentals. Use it. A casual "hey, can I get a dog?" email is harder to point to as the trigger for the 21-day clock. The form asks for: species, breed, size and weight, age, sex, desexed/microchipped status, council registration (where required), the rooms the pet will have access to, and whether it will be inside or outside.
Fill it out fully. A vague application gives the landlord room to refuse for being unable to assess suitability. Attach a clear photo of the pet and any registration documents.
- 2
Serve it properly and start the clock
Email is fine in most tenancies — but use the landlord's/agent's nominated address for notices in the lease. Cc yourself. Save the sent email and the delivery receipt. If you post it, send by tracked post and keep the tracking number.
The 21 days run from the date the landlord or agent receives the application. Mark day 22 in your calendar — that's the date consent is deemed given if you've had no response.
- 3
If you get a refusal — check it against the closed list
The refusal must be in writing and must state the ground. Match the stated ground to the prescribed list in the Residential Tenancies Regulation 2019. A refusal that doesn't fit a listed ground (e.g. "I just don't like dogs", "my insurance company prefers pet-free properties", "the previous tenant's pet was a nuisance") is not a valid refusal — and the deemed-consent clock keeps running on a non-compliant refusal in many cases.
The grounds that do work generally relate to (a) physical unsuitability of the premises (no fencing, no open space, inadequate humane keeping conditions), (b) compliance with council laws or planning instruments, (c) the proposed number of animals being unreasonable, and (d) certain shared-living arrangements. Verify the current list on nsw.gov.au before responding.
- 4
Write the appeal letter
Before going to NCAT, put the refusal in dispute in writing. A short letter: "I received your refusal dated [date]. The ground you've relied on is [ground]. I don't accept that ground for the following reasons [evidence]. I ask that you reconsider the application and confirm consent within 7 days, failing which I will apply to NCAT for an order under the Residential Tenancies Act 2010 (NSW)."
Many refusals fold at this stage. Landlords/agents who refuse out of habit often back down when faced with a detailed challenge that cites the closed list of grounds and threatens a Tribunal application they will likely lose.
- 5
Lodge the NCAT review
Use the Tenancy Application via NCAT Online (ncat.nsw.gov.au/apply). In "orders sought": "Order under the Residential Tenancies Act 2010 (NSW) that the landlord consent to the tenant keeping [pet description], OR a declaration that consent was deemed given on [date 22 days after service]." Standard residential filing fee applies ($62 / $16 concession on the 1 July 2025 schedule — verify the current fee).
Bring: the prescribed application; proof of service and date; the refusal letter (if any); your evidence rebutting the refusal ground; photos of the premises showing suitability; council registration documents.
- 6
If you live in strata — check the by-law layer too
Tenant pet consent is two questions, not one. The landlord consents under the RTA. The owners corporation consents under the Strata Schemes Management Act 2015. A landlord can't refuse on the basis "the strata won't allow it" without checking — and a strata by-law that bans pets outright is generally invalid following Cooper v The Owners — Strata Plan No 58068 (2020) 100 NSWLR 578.
If you're a tenant in a strata building and either the landlord or the owners corporation refuses, see our separate guide on Cooper-based by-law challenges (linked below).
Evidence that actually works
Cases are lost on missing documents more than on weak arguments. Get these in order before you file.
Completed prescribed pet application form
Fair Trading's form, signed and dated. Detail-rich applications are harder to refuse.
Proof of service and date received
Email delivery receipt, postal tracking, or written acknowledgement. Establishes when the 21-day clock started.
Refusal letter (if any) — and the stated ground
Match the stated ground to the closed list in the Residential Tenancies Regulation.
Photos of the premises showing suitability
Fenced yard, secure balcony, doors that close — pre-empts the 'unsuitable premises' ground.
Council registration and microchip records
Establishes the pet is lawfully kept and identifies the animal precisely.
Vet records — desexing, vaccinations, behaviour
Useful where the landlord raises animal-welfare or nuisance concerns.
Strata by-law search
If you're in strata, get the by-laws from the owners corporation under SSMA s182 and check the pet by-law.
Reference from previous landlord (where you've rented with the pet)
Short letter confirming no damage, no complaints. Disarms the 'risk' argument.
Common reasons people lose
Not using the prescribed form
A casual email is harder to anchor the 21-day clock to. The Member can find the clock didn't start. Use the form.
Skipping detail
A one-line application invites a refusal for being unable to assess. Give species, breed, size, age, desexed status, the rooms the pet will use.
Missing the proof of service
If you can't establish when the landlord received the application, you can't establish when the 21 days expired.
Accepting unreasonable conditions
Extra rent, extra bond and pet insurance are not allowed. Don't sign a variation that imposes them — push back.
Confusing landlord refusal with owners corporation refusal
In strata, both have to consent. A 'no' from one is not a 'no' from both. Challenge each separately on its own legal footing.
Bringing the pet in before consent is established
Bringing the pet in during the 21-day window can give the landlord a breach ground. Wait for consent or deemed consent.
Orders NCAT can make
This is the kind of order you can ask for — not a guarantee you'll get it. Frame your application around the order you actually want.
Order requiring landlord consent to the pet
An order that the landlord consent to the tenant keeping the pet described in the application, sometimes subject to conditions the Tribunal sets.
Declaration that consent was deemed given
Where the landlord failed to respond within 21 days, a declaration that consent was given by operation of law on [date].
Order striking down unreasonable conditions
An order that a particular condition (extra rent, extra bond, pet insurance, blanket carpet-replacement) is unreasonable and of no effect.
Compensation for loss caused by unreasonable refusal
Where the refusal forced costs on the tenant (pet boarding, additional moving costs), an order for compensation under the RTA.
Restraining order against blanket 'no pets' enforcement
Where the landlord or agent is acting on a clause that conflicts with the post-2025 regime, an order restraining further reliance on it.
Free help
- NSW Fair Trading — Pets in rental properties
The prescribed application form and current refusal grounds.
- Tenants' Union NSW — Renting with pets
Tenant-side explainer of the 2025 pet reforms.
- Tenants' Advice & Advocacy Services (TAAS)
Free local tenant advice.
- NCAT — apply online
Lodge your pet review via NCAT Online.
- Residential Tenancies Act 2010 (NSW)
The legislation itself — pet provisions in Part 4.
- LawAccess NSW — 1300 888 529
Free legal info line, Mon-Fri 9am-5pm.
Questions self-reps ask
What happens if the landlord ignores my pet application?
Consent is deemed given at the end of the 21-day window. You can keep the pet from that date as of right — the landlord cannot retrospectively refuse or impose conditions.
Keep your proof of service (email delivery receipt, postal tracking) so you can establish the date the clock started if there's a later dispute.
Can the landlord charge me extra rent or bond because of the pet?
No. Extra rent attributable to the pet is not allowed; the bond cap of four weeks' rent does not increase because of a pet; and the landlord cannot require pet insurance as a condition of consent.
The landlord can impose reasonable conditions like end-of-tenancy professional carpet cleaning, but only where reasonable and proportionate to the pet and the premises.
What are the valid grounds for refusing a pet?
The grounds are set out in the Residential Tenancies Regulation 2019 as amended in 2025. They include premises being unsuitable (no fencing, no open space, animal-welfare issues), the proposed keeping breaching a council law or planning instrument, the number of animals being unreasonable, and certain shared-living arrangements.
"I don't like pets", "previous tenant's pet was a problem" and "my insurance prefers it" are not on the list. Verify the current list on nsw.gov.au or in the Regulation itself before relying on this.
I'm in a strata building — does the landlord's consent settle it?
No. The landlord consents under the Residential Tenancies Act; the owners corporation consents under the Strata Schemes Management Act. Both have to be satisfied.
If the strata by-laws ban pets, you may also need to challenge the by-law — Cooper v The Owners — Strata Plan No 58068 (2020) 100 NSWLR 578 found that a blanket no-pets by-law is generally invalid as "harsh, unconscionable or oppressive".
Can I bring the pet in before the 21 days are up?
No. Bringing the pet in before consent is given (expressly or by deeming) breaches the tenancy and can give the landlord a termination ground.
Wait either until you have written consent or until day 22 with no response. Keep the pet at a friend's or a boarding facility in the interim if needed.
Can the landlord revoke consent later?
Consent endures for the life of the pet, including through changes of agent or owner. The landlord can't change their mind without cause.
A genuine change of circumstances (e.g. the pet has caused damage or injured someone) may give a separate basis for action, but that's a breach matter, not revocation of consent.
Do these rules apply to assistance animals?
Assistance animals are not "pets" for the purposes of the consent regime — they are covered by separate disability discrimination laws under the Disability Discrimination Act 1992 (Cth) and the Anti-Discrimination Act 1977 (NSW).
A landlord generally cannot refuse a properly accredited assistance animal, and any blanket no-pets clause does not apply to one.
Related guides
Test your pet application in 2 minutes
Five questions. Two minutes. You'll walk out knowing the list, the form, the fee, and your statutory deadlines.
One-off pricing, no subscription. Australian data, Sydney region.
NCAT Tracker is not a law firm. This page is information, not legal advice. Figures, fees and statutory periods cited here are current as at 1 July 2025 and are CPI-indexed or amended from time to time — verify on ncat.nsw.gov.au and legislation.nsw.gov.au before you lodge.