Currently I'm in a flat share with 2 others. We're 9 months into a 18 month contract, with a 12 month break clause. The problem is one of the others is now having to move out for personal reasons. The landlord is fine about this, as long as she replaces herself and the name on the contract is changed (which he has agreed to arrange). She has decided that as it is her responsibility to fill the room, myself and my other housemate do not get a say in who takes it. This wouldn't be a big deal except the person she's chosen is already causing problems. They don't seem able to pay the rent and she's let them off the deposit. Also there are personal issues between this person and my other housemate, who is now also threatening to leave. I'm very nervous about being tied into a lease with this person, even for only a short space of time. Is there anything I can do to protect myself legally if this person proves unreliable or is there a way to object before the change over?
I think the only thing you can do is contact the landlord - I can understand the 'finding a housemate yourself' but for you not to get a say in it is ridiculous
It's the landlord's choice who they have as tenants. If you think you aren't going to get on or there will be problems then it's probably best to consider moving on.
As to the break clause, read it carefully as to whether it's at 12 months or after 12 months, and whether you need to give any notice.
If the landlord i arranging to change names on the tenancy agreement this presumably means you all signing a new tenancy agreement, so just refuse to sign it. Once your friend realises she will remain liable on the original tenancy agreement she may be a little more amenable to giving you a say in who the new tenant is. Also how can she 'let them off' the deposit? This a requirement of the landlord so only they can decide whether to let someone off. I say stand your ground and refuse to sign anything.