Ask an Property Solicitor. Get an Answer ASAP.
Good afternoon to you, I'm Lea and I am going to assist you today.
How did you come by the property if you are not tenants?
The following is useful info to assist you with the site:
Can I see a copy of the notice they have sent you?
When is the court hearing?
Has another hearing date been set?
Have you been paying the sum you were asked to pay weekly, or are there now outstanding amounts?
Have you been in for the assessment they offered you?
Did the assessment find that you will be homeless and that they will be rehousing you?
It's not down to the court whether you stay in the property or not...if the council have claimed possession because the actual tenants are no longer in the property, then they will be entitled to a possession order. And the only decision the court needs to make is whether or not the council is entitled to possession. If, as they appear to be claiming, there are no actual tenants in the property and no succession is available, then they will get a possession order.
However, given that the council have said that they will treat you as homeless, then you will inevitably be rehoused elsewhere.
You keep paying the rent until you are evicted. There is a backlog in the courts at present, so it's not likely there will be a hearing this side of Christmas.
Well, nothing to worry about until the court hearing, and you will be notified about that. I doubt it will happen before next year as the courts are busy, and also the pandemic would mean the court would be very reluctant to grant a possession order for one property when that would just leave the council having to rehouse you.
Have you spoken to the council about taking the tenancy over? Why did your mother sign it away if she knew you were living there?
Whether the tenancy could be succeeded would depend on whehter your parents were joint tenants or not...it seems they were, as your mother signed her tenancy away, meaning you don't have a tenancy agreement and there is no opportunity for you to succeed the tenancy.
It is entirely up to the council - and as they have started proceedings to get a possession order, it is unlikely you can stay. But you need to talk to them.