A tenant in New South Wales who moves into a rental with a pet, and applies for the landlord's consent within seven days after entering into the tenancy agreement, can now keep the animal at the property until the landlord gives a written response. The rule applies across the state, so it covers flats and houses in Sydney in the same way as rentals elsewhere in NSW.

What commenced on 2 October 2026

The change comes from the Residential Tenancies Amendment (Protection of Personal Information) Act 2026. The bill was introduced in the Legislative Assembly on 27 June 2025, which is why Parliament's bill page lists it under a 2025 title, while the text passed by both Houses and the Act carry 2026. The bill passed both Houses of the NSW Parliament on 24 September 2026 and received assent on 2 October 2026 as Act No 38 of 2026. The Parliament bill page records publication in Government Gazette No. 419 of 9 October 2026 (Residential Tenancies Amendment (Protection of Personal Information) Bill 2025).

The Act's commencement clause is narrow. Schedule 1[13] commenced on the date of assent, and the rest of the Act starts on a day or days to be appointed by proclamation (Residential Tenancies Amendment (Protection of Personal Information) Bill 2026). Schedule 1[13] amends section 73B of the Residential Tenancies Act 2010 by inserting two new subsections, (1A) and (1B).

NSW Fair Trading's page on recent rental law changes describes the same effect. From 2 October 2026, tenants moving into a new rental with a pet can apply for consent within seven days after entering into the tenancy agreement and keep the pet at the property while waiting for the landlord's response (Changes to rental laws).

How the seven-day window and the 21 days work in law

Under the new section 73B(1A), a tenant who applies under section 73C within seven days after entering into a residential tenancy agreement may keep the animal at the premises until the landlord gives a written response under section 73D. The seven days run from entering into the agreement, which is not necessarily the day the tenant receives the keys. A tenant who applies after the seven days have passed has no right to keep the animal at the property before consent is given.

The landlord's 21 days come from the existing pets framework. NSW Government guidance states that consent is still required for any animal other than an assistance animal, that tenants apply on the standard pet application form, and that the landlord must respond within 21 days. If no response is given within 21 days after the application is given to the landlord, the pet is automatically approved without conditions. A landlord may refuse only for certain listed reasons and may attach reasonable conditions to consent (Keeping a pet in a rental property).

Section 73B(1B) sets how long the animal may stay after a refusal. The tenant may keep it until 21 days after receiving the landlord's response. If the tenant applies to the NSW Civil and Administrative Tribunal within those 21 days to challenge the refusal, the animal may stay while the application is considered. If the Tribunal dismisses the application, or the tenant withdraws it, the animal may stay for a further 21 days from that decision or withdrawal. For a landlord who lets through an agent, this makes the response deadline the one to manage: a missed 21 days means the pet is approved without conditions.

Strata by-laws are a separate layer. NSW Government guidance states that tenants in a strata property may also need approval from the owners corporation if the by-laws require it, in addition to the landlord's consent. The strata application is separate from the application to the landlord.

Once a tenant has consent to keep a pet, the same guidance says it remains for the life of the pet while the pet lives in the property. That rule predates the October change.

What has not commenced

Most of Act No 38 of 2026 deals with privacy and personal information held by residential tenancy entities, including adoption of the Australian Privacy Principles. Those provisions did not start on 2 October 2026 and await proclamation.

The new window covers residential tenancy agreements. People in boarding houses under occupancy agreements and tenants in purpose-built student accommodation are covered by different rules.

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Sources

Sources read 13 October 2026 (SGT).