NSW property managers face new pet rules and payment fee checks as card surcharges end

NSW property managers are working under new pet rules for new tenancies that took effect on 2 October, and NSW Fair Trading has warned them to scrutinise any new payment fees for rent and strata levies after the Reserve Bank removed card surcharging on 1 October.

The pet changes come from the Residential Tenancies Amendment (Protection of Personal Information) Act 2026, which has passed NSW Parliament. A tenant who applies to keep a pet within seven days of entering a tenancy agreement can now keep the animal at the property while the landlord considers the application. The landlord still has 21 days to respond before the application is deemed approved. If the landlord refuses, the tenant can keep the pet for a further 21 days, and if the tenant takes the refusal to the Tribunal within that period, the pet can stay until the application is considered. If the Tribunal upholds the refusal, or the tenant withdraws, the pet can remain for another 21 days.

In practice, that means a refusal no longer produces an immediate result, and the sequence of deadlines will need to be built into application handling. NSW Fair Trading has updated its pet application form, tenant information statements and landlord information statement to reflect the rules. The same Act introduces new protections for renters' personal information and advertising disclosure requirements, which will commence next year.

On payments, the regulator said that while consumers no longer pay card surcharges on eftpos, Mastercard and Visa, businesses may still incur costs for accepting cards and may try to recover them through other fee arrangements, which could change how rent and strata levies are collected. It also noted that DEFT/Macquarie has announced it will no longer accept credit card payments, so some renters and strata owners who use that method will need alternative arrangements. NSW Fair Trading said property professionals should communicate any change early.

Before agreeing to a new fee or payment method, the regulator said landlords, owners corporations and agents should establish who is charging the fee and why, whether it is transparent and how it is calculated, what authority exists to introduce it, and whether alternative payment options are available. Landlords and agents should make sure any arrangement complies with tenancy requirements and existing agreements.

The bulletin also urged agents not to treat vacant possession as the default when selling a tenanted property, noting that a renter in place can offer investors ongoing income and certainty. If a tenancy is ended for a sale and the property does not sell, landlords may need approval from NSW Fair Trading before reletting it.