How do I increase my rent from a housing association?

Hello, I have a house in NW London let to a well known housing association since 2020. It is now very underlet relative to private market rents which is particularly painful as my mortgage cost has tripled since the lease commenced. The initial contract was for a term of 3 years which expired in November 2023.

In February 2024 I gave them notice to determine the lease and give me vacant possession. My intention is to refurbish and let to a private tenant on an AST for market rent (approx 35% more than I am currently receiving).

However, I am still waiting for possession and I believe that it may take another year before I get it back.

The lease states the following:

“Once the Initial Term has ended and the Lease has become a periodic monthly Lease the Landlord can indicate his intention to determine the Lease by giving the Tenant not less than 28 days notice in writing. On receiving such Notice the Tenant is obliged to hand back the property to the Landlord as soon as possible after expiry of the 28 day notice period (taking into account any legal proceedings the Tenant needs to take to obtain vacant possession) and in any event within nine months.”

More than 9 months has now passed since I gave notice but I still do not have possession. My immediate concern is cashflow and I asked the housing association to increase their rent payments to me. They have offered to pay 5% more until vacant possession is achieved but this is nowhere near market rent.

Am I right in thinking that their term has ended from 9 months after I gave them notice?

And can I now simply invoice them for additional rent to bring their payments up to market rates?

It is clear from the delays in their service of notice on their ‘sub-tenant’ that they are in no rush to complete the eviction process and I feel I am being taken advantage of.

Any guidance on how to deal with this situation will be much appreciated.

Thank you,

KN